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(영문) 서울북부지방법원 2018.05.18 2017고단5800

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

Reasons

Punishment of the crime

On November 23, 2017, around 18:05, the Defendant laid the gate of the victim E (51) and the meals in the D restaurant located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and laid the head of the victim.

Accordingly, the defendant carried dangerous articles and inflicted bodily injury upon the victim with 7 cm pestest tearing 7cm in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (a CCTV video recorded in a D cafeteria);

1. Application of Acts and subordinate statutes to photographs of damaged parts, and photographs of dangerous objects;

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. Article 62-2 of the Criminal Code of the Order to Attend the lecture does not require the nature of the crime in light of the victim's part and degree of injury for the reason of sentencing. However, the defendant recognized the crime of this case, and the victim wants the defendant's prior location by agreement with the victim. In addition, the defendant's age, sex, environment, criminal records, motive, means and method of the crime, and all the sentencing conditions specified in the records and trial process, including the circumstances after the crime, shall be comprehensively considered.