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(영문) 서울중앙지방법원 2016.12.09 2016고단7580

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2016, at around 23:15, the Defendant talked about “Dju” in Guro-gu Seoul Metropolitan Government, along with the victim E (the age of 52) and raised complaints against Korean people. On August 27, 2016, the Defendant heard from the victim the phrase “in order to perform an operation in Korea, he must accept it, and if that person refuses to do so, she must return to China.” At the same time, the Defendant sawd the victim’s 500 CCTV (a dangerous object on the table) one time with the victim’s wrest, which is a dangerous object on the table.

In this respect, the defendant carried dangerous things with the victim, resulting in the victim's depression of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning the body and body photographs of the victim, and the evidence and photographs of beer;

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 for discretionary mitigation;

1. The sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relation, family relationship, home environment, motive and means of crime, circumstance after the crime, etc., shall be determined in full view of the following: (a) the confession and reflect of the crime for sentencing under Article 62(1) of the Criminal Act; (b) the victim and the victim do not wish to punish the Defendant; and (c) the victim do not have any previous conviction in Korea by mutual consent with the victim