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(영문) 서울중앙지방법원 2020.01.30 2019고단7351

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

Criminal facts

At around 22:51 on October 16, 2019, the Defendant: (a) while drinking alcohol with the victim D(52 years of age) in the “Ccafeteria” located on B 1st floor in Gwanak-gu in Seoul Special Metropolitan City, the Defendant left hand, laid down the victim’s head twice by gathering the disease on the tables with the victim’s head, and turned down the victim’s face once by putting the victim’s face.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim during treatment days.

Summary of Evidence

1. Defendant's legal statement;

2. Each written statement of D and E;

3. Application of each statute of photograph;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The probation and community service order committed the instant crime even though they had been punished several times for the same kind of crime, and the risk of the instant crime is considerable.

The favorable circumstances appear to be a contingent crime, agreed with the victim, and recognized their errors.