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(영문) 서울서부지방법원 2017.03.28 2016고단2861

특수상해

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

On July 23, 2016, at around 20:10 on July 23, 2016, the Defendant: (a) talked between the victim D (n, 33 years of age) who had a towing workplace in Eunpyeong-gu Seoul 1101, and the husband of the Defendant, and (b) the victimized person was in sight of one another; (c) first, the Defendant sent the victim’s face one time by hand; and (d) the Defendant was the head of the victim’s disease, i.e., a dangerous object at one’s own seat.

As a result, the defendant carried dangerous articles and inflicted an injury on the victim's head by the number of days of treatment such as tearing 2 cm.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Bosopic photographs used for special injury inflicted upon A at the time of the case, and the body photographs of the suspects;

1. Application of the Acts and subordinate statutes governing the criminal;

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 Criminal Act of the suspended sentence is that there is a high risk that the Defendant has the attitude to commit the crime, and that there is no agreement with the victim is an unfavorable circumstance.

However, considering that the defendant was the first offender, deposited the money partially damaged by the late late, and that there is a removal from consideration of the situation of the occurrence of this case, the other factors of sentencing, such as the age, sex, environment, etc. of the defendant, the punishment was determined as ordered in consideration of the two factors of sentencing.