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(영문) 서울남부지방법원 2018.07.12 2018고단1398

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2018, the Defendant: (a) 05:10, the Defendant 1246, the victim C (n, 34 years of age) residing in the Dong-gu, U.S.-dong-gu, U.S., U.S.-dong-gu, U.S.-dong-gu; (b) d 1246, the victim and the victim were at one time at the risk of disregarding himself.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as the cutting of body body and the closure of body for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Voluntary accompanying reports, on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following factors, repeated consideration of the reasons for sentencing): The fact that the faces of serious injuries may be caused by dangerous articles, and the degree of the injury of the victim is not weak;

(k) favorable circumstances: The fact that the victim recognizes a mistake and reflects it, the fact that the victim does not have any punishment for the defendant by agreement with the victim, two violent crimes and two violent crimes, but has no record of punishment for the last ten years.

In light of the above circumstances and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, the sentence shall be determined as per Disposition.