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(영문) 서울중앙지방법원 2020.05.11 2020고단1641

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 13:37, 2019, the Defendant: (a) went up with a bridge on the steel structure in front of the tent “C Council” in Gangnam-gu Seoul Village B, Seoul; (b) while engaging in a dispute with the victim D (Nam, 54 years of age) who was under the influence of the bridge, the Defendant got the victim of electric shock, which was a dangerous object cited by his/her hand during the process of having the dispute with the victim, and (c) caused the victim to cover the part of the right part of the victim’s right part, thereby causing the victim’s external shock of treatment days.

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of each statute on photographs;

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 (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the reasonable circumstances] Defendant is against the Defendant’s confession of the instant crime.

In consultation with the victim, the victim does not want the punishment of the defendant.

[Unfavorable Circumstances] In light of the background of the instant crime, the method of commission of the crime, the degree of damage, etc., the nature of the crime is inferior.

The Defendant has repeatedly committed the instant crime even though he had the same criminal record in several times.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the character, conduct and environment of the Defendant, motive, means and consequence of the crime, circumstances after the crime, and criminal records.