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(영문) 서울남부지방법원 2017.01.19 2016고단5550

특수상해등

Text

A defendant shall be punished by imprisonment for 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

1. On June 24, 2016, the Defendant: (a) while drinking two or more alcohols, such as the victim D (23 taxes) on the main point of "C" located in G, Young-si Suwon-si District B, the Defendant: (b) on the ground that the victim talks without a brush, and (c) caused the victim to live in the body of the victim about two weeks away from the left left part, which requires treatment of approximately two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. On June 24, 2016, the injured Defendant: (a) around 02:20, on the ground that the “F food” located in Gansi-si, Gansi-si; (b) on the front day of the “F food in the Gansi-si; (c) brought about the victim’s face by drinking and launchinging the victim for approximately two weeks of treatment; and (d) on the ground that the victim would grow.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) (a point of special injury) of the Criminal Act concerning criminal facts, and Article 257(1) (a) of the Criminal Act (a point of injury and choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. 집행유예 형법 제 62조 제 1 항 양형의 이유 피해자의 귀가 찢어져 9 바늘을 꿰매는 등의 상해를 입었으나 피해자와 합의하여 피해자가 처벌을 원치 않고 있는 점, 피고인에게 전과 없는 점, 범행동기, 범행수단 및 결과, 범행 후 정황 등 제반 사정 참작.