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집행유예
(영문) 서울북부지방법원 2016.11.10.선고 2016고단3419 판결

특수상해

Cases

2016 Highest 3419 Special Injury

Defendant

A person shall be appointed.

Prosecutor

OO (prosecutions) and OO (Public trial)

Imposition of Judgment

November 1, 2016

Text

A defendant shall be punished by imprisonment for not less than six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2016: around 30, the Defendant drinked alcoholic beverages at “○○ cafeteria” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.

Of them, the victim ○○○ (the age of 56) who is another customer, was engaged in trial expenses on the ground that the conduct does not slick.

Of them, the head of the victim by sadled fish, which is a dangerous thing on the customer at this place, 1

The knife knife knife knife the victim needs to be treated more than two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning each of the statements made by OO andOO in the suspect examination protocol of the defendant by the prosecution

1. Each police interrogation protocol on ○○○ and ○○○○

1. A written statement of ○○○, and ○○○○.

1. A written diagnosis of injury;

1. 쇠ed fish sled photographs found at the site;

1. Suspect ○○○ photo.

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 258-2(1) and 257(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to five years; and

2. Scope of recommending sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence;

All the arguments of this case, including the following circumstances, the age, family relation, and tendency of the defendant;

The punishment as ordered shall be determined in consideration of the circumstances.

○ favorable circumstances: The defendant committed his offense in this court, and is against himself.

prior to the institution of public prosecution, a written agreement stating the victim's intention not to punish the victim has been submitted, the defendant

ad hoc year of suspension of execution in April of 2004 for a crime of Punishment of Violences, etc. Act (at night, a joint injury)

A person who has no record of criminal punishment after having been sentenced to such punishment;

○ Unfavorable Circumstances: The background leading up to the Defendant to commit the instant crime, and the salted fish, which is a dangerous thing.

the risk of committing the crime and the injury of the victim, such as taking twice the head of the victim;

The circumstances after crimes, etc.

Judges

Judges Kim Jong-ran