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(영문) 서울중앙지방법원 2016.08.12 2014고단7740

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 23, 2014, around 23:55, the Defendant, while intending to have a verbal dispute with the victim C (47 tax) in front of Yeongdeungpo-gu Seoul Special Metropolitan City, Seoul, was able to hear the desire from the victim, and was a dangerous object brought by the neighboring main points, and walking the part of the victim’s left head one time more than the victim’s body, and D was able to gather a beer cans.

As a result, the defendant in collusion with D, carried dangerous goods with the victim, thereby causing injury to the victim, such as an open head part in need of treatment for about four weeks.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The suspended sentence under Article 62(1) of the Criminal Act has no previous conviction in the Republic of Korea for the reason of sentencing, and the following are determined by comprehensively taking into account the following factors: (a) the developments leading up to the instant assault, degree of injury, Defendant’s age, sexual conduct, environment, occupation, family relationship, health status, etc.; and (b) the various conditions of sentencing as shown in the records and arguments, such as the circumstances after