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(영문) 서울중앙지방법원 2019.08.14 2019고단3830

특수상해

Text

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.

Reasons

Punishment of the crime

On October 21, 2018, the Defendant 21:52 around 21, 2018, at the singing room located in Jongno-gu Seoul, Jongno-gu, Seoul underground 1st century, when the victim D (year 51) who was seated in front of the Kabter was able to see the drinking value, and the Defendant d (year 51) got out of the victim’s head one time.

As a result, the Defendant put the victim on an unclaimed heat ( approximately 5 cm on the part of this end, approximately 10 cm on the part of water purification).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On the spot and photographs of victims, CCTV images, and victim photographs;

1. A report on the occurrence of an injury;

1. A report on internal accidents (the shootings and internal accidents against victims);

1. Application of Acts and subordinate statutes on investigation reports (CCTV image verification);

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

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 Criminal Act is that the defendant, by lowering the head of the victim at the expense of time out of plastics, thereby causing serious tear and tear of the victim. The crime of this case is not appropriate in light of the risk of the means of crime or the gravity of the result.

In addition, the defendant was subject to criminal punishment for a crime of violence several times in the past, and the defendant abused the other party by using things around the past at that time.

However, the fact that the defendant's mistake is recognized, the victim does not want the punishment of the defendant as a punishment under the influence of alcohol. Since then, the defendant reached a unanimous agreement with the victim, and the defendant was not subject to criminal punishment for the last ten years.