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(영문) 서울중앙지방법원 2017.08.31 2017고단4175

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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

On May 5, 2017, the Defendant, at around 02:05, performed alcohol together in the “C” located in Gwanak-gu, Seoul Special Metropolitan City around 02:05, led to the victim D ( South, 31 years of age) and vision, which are dangerous objects on the table b, caused the victim’s head to tear approximately 4cm.

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of victims;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An unfavorable circumstance is that the Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, such as surveillance and observation of protection, and the fact that the victim’s head was inflicted at the time of the victim’s head, which is a dangerous object, and that there was a record of being punished several times due to a crime such as drinking, driving, etc.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession and mistake, the fact that the injured party does not want the punishment of the defendant in agreement with the injured party, and the age, sex, environment, family relationship, means and result of the crime, etc., shall be determined in consideration of all the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime.