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(영문) 서울남부지방법원 2021.03.17 2020고단6403

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 October 2, 2020, the Defendant: (a) around 19:40 on October 2, 2020, at the C cafeteria located in Guro-gu Seoul Metropolitan Government on the ground of the victim D ( South, 45 years old) who was drinking together with drinking at the c cafeteria located in Guro-gu, Seoul, and the Defendant saw the victim's head as a tree who was a dangerous object in the c cafeteria.

In this respect, the defendant carried dangerous articles and put the victim a second scam in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, the tool of crime and risk of committing a crime, the victim's refusal to want the punishment, the victim's absence of record of punishment in Korea, the defendant's age, sex, criminal conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing indicated in the arguments and records of this case, such as circumstances after the crime.