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(영문) 서울중앙지방법원 2018.02.08 2017고단5692

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

Reasons

Punishment of the crime

At around 09:40 on August 5, 2017, the Defendant: (a) laid an empty bottle, a dangerous object in the vicinity of the chemical due to which the victim D (72 tax) was laid off, for the reason that the victim D (72) was not laid off, and caused injury to the victim by putting the part of the victim’s processed glass at one time and to tear the head of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing favorable to: Confession, motive for and background of the crime, degree of minor bodily harm, agreement with the victim and degree of minor harm, sources of punishment unfavorable circumstances: bad quality (influence by dangerous articles), part of the crime (influence by dangerous articles), records of the same punishment and investigation experience (five times): Other factors of the defendant's age, sex behavior, occupation, circumstances after the crime, etc.;