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(영문) 서울북부지방법원 2016.06.23 2016고단696

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 1, 2015, the Defendant: (a) around 20:0 on December 201, 2015, while drinking alcohol with the victim D, etc., who was working for a singinginging voice at the main place under B B of Gangseo-gu Seoul, Gangnam-gu, Seoul, the Defendant, on the ground that he provided an interpretation to the singular, and caused the victim to take the singular disease, which is a dangerous object on the table, and led the victim to force the victim to take the singular part on the left side of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the first and second times against the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of inflicting bodily injury on a victim;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of recommended sentences 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 defendant has a depth of his criminal act from the investigation stage to the present court, and is against his will; the defendant paid 3 million won to the victim after the prosecution; the victim has made efforts to recover damage; the defendant submitted a written agreement stating his intention not to punish the victim; and the defendant has no record of criminal punishment except for the defendant who has been sentenced to a fine of one million won due to a violation of the Road Traffic Act (unlicensed Driving) in 2003 after 191: The background leading up to the crime in this case; the method and implements of the crime; the victim's injury and its degree, etc.;