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(영문) 서울서부지방법원 2017.09.29 2017고단1848

특수상해

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That 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

On May 3, 2017, around 21:15, the defendant was "B front of the D Park located in Yongsan-gu Seoul Metropolitan Government." However, the above address is not the above park address, but the defendant's residential building address is identified as the address of the defendant's residential building (D park is suitable for it), and the defendant's defense right is not substantially disadvantaged, so the place of crime is recognized without following the amendment of indictment.

In this regard, the victim C(the South and the 56 years old) and the mother of the defendant, who is a dynamic resident, reported the fact that the mother of the defendant is in dialogue, and the injured party, who is a dangerous object, was aware that the mother of the defendant would incur a trial expense, and the back head of the victim was her back, and the victim got about 10 cent of the number of days for treatment to the right-hand side of the victim.

Accordingly, the defendant carried dangerous objects and injured the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

2. Article 62 (1) of the Criminal Act on the suspension of execution (presumed circumstances, etc. on the grounds of mitigation of the amount of punishment as seen earlier);

3. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observing and observing protection.

1. Unfavorable circumstances: The fact that the defendant has three times his/her past records of punishment, such as imprisonment with prison labor, for a crime of the same kind, and that his/her superior position suffered by the victim is deemed to be weak;

1. favorable circumstances: All kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, circumstance after the crime, etc.