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(영문) 서울동부지방법원 2018.10.04 2018고단1912

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 15, 2017, on the ground that the Defendant 21:30 on February 21, 2017, 202 and 1802 of Songpa-gu Seoul apartment B apartment building 202 and 1802, which is the Defendant’s residence, took a bath without any particular reason under the influence of alcohol, the Defendant laid down the disease, which is a dangerous object on the table, one time on the part of the victim’s left head, and laid down the part on the part of the victim’s left face, and led the victim to the left side of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Application of Acts and subordinate statutes to photographs of injuries;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The crime of this case is highly likely to inflict injury on a minor who is a dangerous thing: considering the circumstances in which the defendant separates and reflects his/her own crime, the fact that the defendant has agreed with the victim, the primary offender, the defendant's age, sexual conduct, motive, means and consequence of the crime, and other conditions of sentencing as shown in the arguments, such as the circumstances after the crime;