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(영문) 서울북부지방법원 2016.08.24 2016고단2720

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 June 16, 2016, at around 00:45, the Defendant: (a) was running and singing at “C main points” located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, on the ground that the Victim D (56 years of age) tried to dance with the Defendant’s women, the Defendant collected beer disease, which is a dangerous thing for about 5 meters to the victim; (b) caused the victim to go together, and thereby, caused the victim to take care of approximately 14 days in an open column that requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 suspended execution;

1. Sentence of Article 62-2 of the Criminal Act: Imprisonment with prison labor for one year or a suspended sentence of two years: One year or a suspended sentence of imprisonment for one year or two years, observation of protection, and an order to attend a course for 80 hours or more: A mitigated person, such as a showing that the serious result may have occurred, accumulated records of punishment (eight times or more of a suspended sentence), confession, victim's non-guilty penalty, etc.;