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(영문) 서울중앙지방법원 2021.01.26 2020고단7257

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 18:00 on September 27, 2020, the Defendant, while drinking with the victim D(51) and drinking in front of the convenience store located in Jung-gu Seoul, Jung-gu, Seoul, on the ground that the Defendant was not able to repay the money between the victim and the victim, he saw the small-scale disease, which is a dangerous object on the table, on his hand, on the ground that he was not able to repay the money between the victim and the victim, and caused the victim’s two hair to tear up about 50 meters.

Accordingly, the defendant carried a sick, which is a dangerous thing, and inflicted the above injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each photograph;

1. Application of Acts and subordinate statutes to the investigation report (the verification of CCTV images of the Gu office);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is that the defendant, under the influence of alcohol, inflicted bodily injury on the victim due to the main illness, which is a dangerous object, and the liability is not exceptionally imposed in light of the risk of the crime of this case, the injury of the victim, and the degree and degree of injury

However, considering favorable circumstances, such as the confession of the Defendant to commit the instant crime, the fact that the Defendant has no record of being sentenced to a fine or more severe punishment, the fact that the victim does not want the punishment of the Defendant, the punishment shall be determined as ordered by taking into account all other circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the crime