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(영문) 서울남부지방법원 2018.10.30 2018고단4455

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On July 18, 2018, at around 23:45, the Defendant, at the third floor of the Yeongdeungpo-gu Seoul Metropolitan Government B B Building, brought about a dispute with D, the Defendant, who was working for the Defendant, brought about beer disease, which was a dangerous object on the table of the body, and brought about to the said D, while the instant beer disease was broom and was on the part of the victim E (e.g., 52 years old) who was on the part of the left side of the victim E (e.g., broom, 52 years old).

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death diagnosis report (C in the currency of FF), investigation report (G in the currency), and investigation report (on-site CCTV attachment, etc.) legislation shall apply;

1. Relevant Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime (limited to imprisonment with prison labor for not less than one year but not more than ten years as a statutory penalty);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the sentencing criteria [the range of recommended punishment] [the range of recommended punishment] Special Bodily Injury and Cumulative Bodily Injury Type 1 (Special Bodily Injury) (4 months to 1 year), the mitigated area (including special mitigated persons), the punishment not for punishment (including serious efforts to recover damage), or considerable damage has been recovered;

1. The criminal liability is heavy, regardless of the degree of damage, in light of the content of the crime committed by the victim, because beer who was at risk of the determination of sentence (such as mitigation of volume, suspension of execution, etc.), and the defendant has a criminal record of a fine for the crime of assault;

However, considering the fact that the defendant agreed smoothly with the victim, the sentencing factors, such as the background of the crime, circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., shall be determined by considering the circumstances favorable to the defendant.