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(영문) 서울남부지방법원 2018.12.12 2018고단2981

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 18:45 on May 30, 2018, the Defendant, while disputing the issue of victim D(58 tax) and wage payment in the office of the dispute resolution committee in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, about 18:45, the Defendant stated that “the victim would have come to make a deposit in the court because the court has made a deposit,” and the gasoline, which is a dangerous object that had been held in advance, has been distributed to the telegraph including the victim’s face, caused the victim to suffer an injury to the victim for treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Seized articles, site photographs, etc.;

1. Application of statutes on records of seizure and lists of seizure;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. A extenuating circumstances for sentencing under Article 48(1)1 of the Confiscation Criminal Act: A special injury crime is a crime, the statutory penalty of which is not less than one year but less than ten years, and is not less complicated.

The defendant's act of allowing the victim to drive gasoline in snow by dusting gasoline is highly dangerous in light of criminal implements and methods, etc., and the nature of crime is not good in that the victim's office was prepared in advance and visited the victim's office.

In the course of the crime of this case, the victim was suffered not only from the harm of the eyesight, but also from the mental shock. However, the victim did not agree with the victim or did not take measures to recover the damage until now.

The favorable circumstances are not likely to spread gasoline by leaving the victim's eye with the crime that was committed while the defendant argued as a wage issue.

The defendant recognized the crime and made a mistake against the defendant.

There shall be no record of criminal punishment except for punishment of a fine once for other crimes in 197.

As above, the defendant's position is disadvantageous to the defendant and others.