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(영문) 서울남부지방법원 2017.05.10 2017고단455

특수상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2017, at around 19:10, the Defendant, while drinking alcohol together with the Victim D (50) at “C cafeteria” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul around January 11, 2017, the Defendant inflicted an injury upon the victim, who is unable to know the number of days of treatment, by taking the victim’s head and face into consideration as a hand, who is a dangerous object that could have been seen from the victim’s desire to talk, and making the victim escape from the head.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of statutes, such as site photographs;

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

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

1. Taking into account the risk of committing a crime of sentencing and the records of the same kind of crime, etc. under Article 62-2 of the Criminal Act, taking into account the observation and instruction of protection, taking taking lectures, and providing community service order, the accused shall be punished by severe punishment; however, there is no past record of criminal punishment other than fines for the last twenty years, and the victim shall be determined as the same as the order, taking into account