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(영문) 서울중앙지방법원 2018.05.03 2018고단1420

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 25, 2018, around 03:30 on February 25, 2018, the Defendant: (a) at “D” located in Dongjak-gu Seoul Metropolitan Government, and (b) at “D”; (c) while drunk with the victim E (38 years of age) and singing, the Defendant, who was under the influence of alcohol, released the Defendant’s face into the Defendant’s face.

Accordingly, the Defendant, as a result, brupted the victim’s face twice by drinking, collected beer disease, which is a dangerous object on his/her table, and cut off the victim’s cryp, once, thereby causing damage to the victim’s crypity requiring treatment for about 10 days.

Accordingly, the defendant injured the victim by carrying a beer who is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of statutes on site and victim photographs;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant, with the beer’s disease, suffered bodily injury by the victim. The nature of the crime is not good, and the Defendant has a record of being sentenced to a fine of one million won due to assault, etc.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession of the crime of this case and his mistake is divided, the victim is not in the location of serious injury, the defendant has no record of punishment heavier than a suspended sentence, and the defendant's age, sex, environment, family relationship, means and result of the crime, etc., shall be determined as ordered by considering all the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime