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(영문) 서울남부지방법원 2017.09.01 2017고단1541

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

On March 26, 2017, at around 20:50 on March 26, 2017, the Defendant entered a food material warehouse with drinking only at the “D” store in Yangcheon-gu Seoul Metropolitan Government operation of Victim B (Y, 43 years old).

Although the victim showed a change, the victim was able to stop this, and the victim was able to get off the victim's head one time by citing an empty disease, which is a dangerous object on the table.

As a result, the defendant carried dangerous things with the victim, thereby undermining the personality of the two skins that need to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of a medical certificate;

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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the person is not injured, that the defendant is repented in depth, that the defendant is not punished by a fine on two occasions before 200, and that there is no criminal punishment except that the defendant

1. An applicant for compensation for damage under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Protection, etc. shall seek compensation for damage of KRW 700,000,000,000,000 for medical expenses, consolation money one million, and three million won for sales loss from the accused.

However, the agreement that the applicant receives 3.3 million won from the defendant and does not bring a civil or criminal action in the future is submitted to the court on August 7, 2017, and the existence or scope of the defendant's liability is not clear.

Therefore, an application filed by an applicant for compensation falls under a case in which no compensation order is issued under Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Thus, the application by an applicant for compensation is dismissed pursuant to Article 32 (1) 1 of the same Act.