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(영문) 서울남부지방법원 2018.10.10 2018고단3628

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 12, 2018, the Defendant: (a) around 01:55, at the “C” restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) while drinking alcohol with the victim D(50) on the ground that the victim did not want to listen to the Defendant, the Defendant saw the victim’s head as his hand, who was a dangerous object on the table, and the victim’s head was at one time.

Accordingly, the defendant carried dangerous things with the victim, who caused the tear of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs damaged;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the reasons and contents of each of the instant crimes, the degree of damage, the victim’s consent is not wanting to punish, the recognition of and reflects on the crime, the criminal records of the same crime before the instant transfer, the risk of repeating the crime, the age, career, health status, and all other circumstances favorable or unfavorable to the defendant as shown in the pleadings, such as family relationship, were comprehensively taken into account.