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(영문) 서울중앙지방법원 2018.04.26 2018고단1387

특수상해

Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 18:30 on February 14, 2018, was engaged in a daily fighting in which he/she had drinking together with working clubs, such as the victim D, within the house of “C” in Dongjak-gu Seoul Metropolitan Government on February 14, 2018, and was in the workplace where he/she had drinking together with the victim D.

In other words, the victim's head was cut one time with 50CC beer, which is a dangerous object on the table, and the victim's head was injured by an open top room, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. D's photograph;

1. Corerm photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 is against the defendant's acknowledgement of facts charged.

The defendant is a criminal act that was committed contingent while having a workplace club fee and a drinking room, and the victim has agreed to pay medical expenses and pay them in full.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the arguments in this case.