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(영문) 서울북부지방법원 2020.12.18 2019고단5420

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power】 On October 9, 2009, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Northern District Court on October 10, 2009, and the said judgment became final and conclusive on April 2, 2010.

【Criminal Facts of Crimes】 On December 18, 2009, the Defendant: (a) around 02:0, at the main point of “C” located in B and 1st underground floor in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu; (b) on the ground that E, the victim D, a one-way driver of the victim D, was bad, and neglected to see himself/herself; (c) on the ground that the victim D, she frighted to fright and neglected to do so; (d) the victim she frighted to fright, which is a dangerous object in the vicinity of the room; (e) the victim D’s head, which is a dangerous object fright to fright the victim’s head; (e) the victim’s body was fright to fright the victim’s body; and (e) the victim’s body was frightd to fright the victim’s body, she tried to perform the above dangerous act; (e) the victim’s body was fright.

As a result, the Defendant carried dangerous objects and inflicted bodily injury on the victim D, which requires treatment for about 28 days between the two covered marratives, and two covered marratives that require treatment for about 28 days to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. Each injury diagnosis letter;

1. Criminal records as indicated in the judgment: Application of the Act and subordinate statutes to criminal records and investigation reports (the attachment of written judgments and confirmation of details of sentence);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. The fact that probation and community service order Article 62-2 of the Criminal Act have many same criminal records for sentencing is disadvantageous.

On the other hand, all crimes are recognized.