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(영문) 서울서부지방법원 2016.08.31 2016고단1312

특수상해등

Text

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

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 March 24, 2016, the Defendant: (a) around 03:20 on March 24, 2016, 1312: (b) 102 of the “F working for the victim E ( South, 31 years old) in Mapo-gu Seoul Metropolitan Government E (hereinafter referred to as this employee) ; (c) 102 of the “F,” the victim’s chest and face are taken one time by drinking without any justifiable reason; and (d) 1) on the part of the victim’s left part, the victim’s freeboard, which is a dangerous object, the victim left part of the treatment.

On October 8, 2015, the Defendant: (a) around 05:00 on October 8, 2015, the Defendant inflicted an injury on the victim, such as having the victim see the face of the victim by drinking and drinking alcohol when drinking alcohol together with the victim I (37 years of age).

Summary of Evidence

"2016 Highest 1312"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written Statement;

1. "Investigation Report ( Concerning the change of the standing and name of a crime)" 2016 Height 1619;

1. Statement by the defendant in court;

1. Statement made to I by the police;

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

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) (the grounds for the suspended sentence) is [the scope of the recommended sentence] general injury [the scope of the recommended sentence]] in the mitigated area (two to one year), [the person who has been specially mitigated] in the mitigated area (including efforts to recover damage), or in a case where considerable damage has been restored (the decision of the sentenced sentence] in a case where there is no sentencing guidelines for the special injury (the decision of the sentenced sentence is not set, and therefore only the lower limit of the recommended sentence is set.

The defendant recognized all of the crimes of this case and divided his mistake.