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(영문) 서울서부지방법원 2016.12.27 2016고단3357

특수상해

Text

A defendant shall be punished by imprisonment for seven months.

except that 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

At around 20:40 on September 13, 2016, the Defendant continued to keep the victim's back to the wall, which is a dangerous object at the time of the incident, at the Sungsan-ro, Seodaemun-gu, Seoul, 704, Youngcheon-ro, Seoul, and D that the Defendant passed along with the victim C (the age of 42) on the day of the incident. D did not answer to the case, and D would like to hear the victim's words that he would understand D from the victim. However, the Defendant continued to keep the victim's back to the wall, which is a dangerous object.

As a result, the Defendant carried dangerous articles, and sustained the victim's head tear, so that it could not know the number of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written agreement;

1. Application of Acts and subordinate statutes to photographs;

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 for discretionary mitigation;

1. Although there are many criminal records of the same kind of sentencing under Article 62(1) of the Criminal Act, the sentence was determined as ordered in consideration of the circumstances leading to the crime, the age, character and conduct, and environment of the defendant, including those agreed with the victim.