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(영문) 서울서부지방법원 2018.09.12 2018고단1879

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

around 02:25 on May 27, 2018, the Defendant collected a stone, which is a dangerous object, in which the Victim C (24 years old) makes a drinking to the Defendant at the front of Mapo-gu Seoul, Seoul, and then calculated the part of the victim’s quota on one occasion, and added a face that requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: A favorable circumstance that is a dangerous object, and is not good to the quality of the crime: The victim expressed his/her intent that he/she does not want the punishment of the defendant by mutual consent with the victim; the defendant recognized the crime of this case and reflects his/her intent; and other circumstances that are the conditions for sentencing specified in the argument of this case, including the defendant's age, sexual behavior, career, home environment, motive for the crime, and circumstances after the crime, etc., shall be taken into account;