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(영문) 서울남부지방법원 2016.08.25 2016고단1185

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

A and the victim B(33) are friendship relationships.

On September 27, 2015, the Defendant: (a) around 02:00, at the main point of “D” located in Chungcheongnam-si, Chungcheongnam-si, on the ground that the Defendant performed drinking with the victim while drinking alcohol, when drinking the victim’s face 4:5 times in drinking, when drinking the victim’s chest 3:4 times in drinking, and when drinking the victim’s chest 3:4 times in drinking, and when drinking the victim’s chest her chest her chest her chest she was sent to the victim’s chest; (b) it was suitable for the victim’s chest; and (c) it was broken back by her to the customer, which is a dangerous object.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim, such as the injury of alcohol, mouth, and impairment of saves that require treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs of injury, investigation reports (the relative investigation of D business E), and investigation reports on telephone conversations (the counter party, such as F, etc. present at the time of the instant case);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order: The fact that the victim has agreed with and the fact that the victim has not been punished in excess of a fine;

(k) Unfavorable circumstances: The fact that there is no punishment of fines twice due to the same kind of crime, that some of the crimes are denied, and that there is no attitude to resist the mistake;

(k) The punishment as ordered shall be determined by taking into consideration the motive, means and result of the crime, relationship with the victim, circumstances after the crime, and all other circumstances.