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(영문) 서울남부지방법원 2018.03.28 2017고단3492

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 10, 2017, the Defendant: (a) around 20:00, at the “C” restaurant located in Guro-gu Seoul Metropolitan Government, and (b) on the ground that the Defendant continued to permit the victim D (28 taxes) to drink and assault himself/herself to refuse to do so, the Defendant placed two parts of the victim’s head, which are dangerous objects on the table, once the victim’s head, and the victim’s head cannot be identified.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Statement made by the police against D;

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

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

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 in favor of the defendant among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds), the background and content of the instant crime, the degree of damage, and the relatively minor, the victim does not want the punishment of the Defendant; the Defendant’s mistake is against himself/herself and is committed; the primary offender is the primary offender; the Defendant’s age, career, health conditions, and family relationship are favorable or unfavorable to the Defendant during the pleadings, and the sentence as set forth in the Disposition.