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(영문) 서울남부지방법원 2016.12.22 2016고단2664

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On May 4, 2016, at around 00:20, the injured Defendant: (a) was a victim D (n, 27 years of age, D) with a female-friendly job offering victim D (n, 27 years of age, and D) in the Yeongdeungpo-gu Seoul Metropolitan Government 1st floor C restaurant on May 4, 2016; (b) was collected on the part of the victim due to plastic physical disease on his/her container, and was collected on the part of the victim; and (c) was inflicted an injury on the victim, such as the victim’s blood transfusion on the left side of the treatment days (20

2. The Defendant, at the same time, at the same time and place as the above paragraph, was faced with the removal from the surrounding persons while assaulting D, and the title and face of the victim E (the age of 25) who was behind him/her, was frightened three times by drinking, and was collected from the victim’s head by suffering from a dangerous product.

Summary of Evidence

1. Court statements (the fifth trial records) of the accused;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Investigation reports and investigation reports (victim E-Statement reports);

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 (1), Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of Concurrent Punishment)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Determination of sentence: Imprisonment with prison labor for six months, one year of suspended execution, one year of community service, 120 hours [List circumstances], there is no record of criminal punishment in the Republic of Korea, and the violation of the quality of crimes, such as the injury of victims by taking the physical branches and call disease from the victims, and denial of crimes against victims E;