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(영문) 서울북부지방법원 2018.10.19 2018고단2993

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 8, 2018, the Defendant, around 02:00, suffered bodily injury on the part of the victim, who was unable to know the number of days of treatment due to the victim’s head when the victim’s head was taken into account, due to the machine, which is a dangerous object, to restrain the victim’s verbal dispute with the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (victim C telephone call);

1. Application of the Acts and subordinate statutes to the body photograph of the victim's relative;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The sentence shall be determined in the same way as the disposition, taking into account the following factors: (a) there is no previous conviction against the defendant for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the degree of injury is not severe; (c) the victim does not want the punishment against the defendant; and (d) the sentencing conditions under Article 5