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(영문) 서울동부지방법원 2017.02.08 2016고단4095

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 19, 2016, at C's house located in Seoul Special Metropolitan City B B 201 on November 19, 2016, the Defendant, while drinking alcohol together with C, victim D ( South Korea, 59 years of age), had a dispute with the victim, which is a dangerous object on a breadbed brea, caused the victim's head one time, and caused the victim's head to put the victim's head into 10cm.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of the Acts and subordinate statutes to loan outages and photographs;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume is [the scope of recommendation] of the general injury [the scope of recommendation] of type 1 (6 months - 2 years): In the case of committing a crime by carrying a deadly weapon or other dangerous articles (the decision of sentence] by carrying a deadly weapon or other dangerous articles (the decision of sentence is made]; the victim's injury is not easy to pande; the victim's injury is not taken against the victim; the victim's injury is not taken against the victim; the victim's injury is sentenced to punishment in that it is not taken against the victim.

On the other hand, it is decided as per Disposition in consideration of all kinds of sentencing conditions, such as the fact that contingent crimes (not recognized as having mental or physical weakness), the violation of the Road Traffic Act in 1991, and the punishment of fine of KRW 500,000,000 is not imposed, and there is no other criminal history, depth of the crime, and age of the defendant.