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(영문) 서울북부지방법원 2016.11.29 2016고단1936

특수상해

Text

A defendant shall be punished by imprisonment for six 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

On May 2, 2016, at around 01:40, the Defendant, at the main point of “D” located in Seongbuk-gu Seoul Metropolitan Government, served together with the victim E (n, 47 years of age) while drinking alcohol with the victim E (n, e.g., 5 years of age).

While under the influence of alcohol, the Defendant took a bath towards the victim F, and her hand took a beer disease, which is a dangerous thing in the victim F, and taken one time the head of the victim F, by her hand.

Then, the Defendant, who said the victim E as the victim “a person who will do so,” without any reason, led the victim E to be in line with this part of the victim E, who took a dangerous thing that he or she had.

As a result, the Defendant respectively put the victim F in a water tank with which the treatment period cannot be known to the victim F, and the victim E in a water tank with which the treatment period cannot be known.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the witness F;

1. Each police statement to F and E;

1. Statement of opinion;

1. Copies of medical records (E, F) (Evidence No. 14, 15);

1. Application of Acts and subordinate statutes (F, E (Evidence No. 3 and 5 No. 5) of the injured party photograph;

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 for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The written agreement in which the victim F's intention not to punish has been submitted prior to the institution of public prosecution; the defendant has no record of criminal punishment; and the defendant has committed the crime in this case.