특수상해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
On April 11, 2018, the Defendant was sentenced to a suspended sentence of four months for the crime of interference with business at the Seoul Eastern District Court, which became final and conclusive on October 26, 2018.
Criminal facts
On September 17, 2018, around 17:20 on September 17, 2018, the Defendant laid down the head of the victim D (the age of 69) in the street before the Seongdong-gu Seoul Metropolitan Government “C
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. On-site photographs related to D damage, CCTV recording recording for on-site guards, and photographs related to D injury;
1. Report of internal investigation (related to the analysis of CCTV records for crime prevention around the site);
1. Previous convictions in judgment: Investigation report (verification of the fact that a suspect is under probation period), application of three copies of written judgments;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Probation Criminal Act is not subject to sentencing criteria, since the crime of this case is in the relationship of ex post facto concurrent crimes of Article 37 of the Criminal Code with the recorded
[In light of the risk of the crime, the degree of injury suffered by the victim, and the part of the injury, etc., the recidivism was committed even though there was a record of criminal punishment on several occasions, including violent crimes, etc. during which the crime of this case was committed. [Liet circumstances] The Defendant and the victim reflected the mistake while recognizing the crime of this case, which led to the crime of this case. During that process, the Defendant was assaulted by the victim, and the victim reached an agreement with the victim.