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(영문) 서울남부지방법원 2021.02.08 2020고단5960

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 01:30 on August 30, 2020, the Defendant, at the “C” drinking house located in Yeongdeungpo-gu Seoul Metropolitan Government B B2, and on the ground that the victim D (the victim South and the age of 25) drinking alcohol with drinking alcohol, he saw the beer and beer, which is a dangerous object in the table of the victim, and made the head of the victim one time, so that the head of the victim can tear about 5 cm.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D, on-site photographs of the police's statement protocol concerning F of the police interrogation protocol of the suspect suspect of the suspect of the suspect of the suspect of the suspect of the suspect of the suspect of the suspect;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is a case where the defendant inflicts bodily injury upon the victim due to beer, etc., and the means and method of committing the crime are inadequate, and the carrying of dangerous articles is not likely to cause serious bodily injury, and thus, the risk of committing the crime is very high.

However, the punishment as ordered shall be determined within the scope of the punishment that has been reduced in full view of all the sentencing conditions, such as the defendant's confession and reflect, the fact that the defendant appears to be a contingent crime, the fact that the injured person does not want the punishment for the defendant, the fact that there is no record of punishment exceeding the fine, and the age, sex, environment, etc. of the defendant.