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(영문) 서울남부지방법원 2018.06.11 2018고단673

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on January 29, 2018, the Defendant: (a) brought an injury to the victim, such as galivium and open wound in the area around the snow, which require approximately three weeks of treatment to the victim, on the part of the victim’s left part of the main body, which is a dangerous article on the table, and (b) had been in dispute with the victim D (22 3).

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 of the injury diagnosis certificate;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: (a) the background and content of the instant crime; (b) the degree of damage; and (c) the Defendant appears to have committed a somewhat contingent crime among the attempts to have a dispute with the victim; (d) the victim does not want the punishment of the Defendant in agreement with the victim; (e) the victim is led to confession and reflect; (e) the first offender is the first offender; and (e) the Defendant’s age, career, health status, family relationship, etc. favorable or unfavorable to the Defendant indicated in the pleadings,