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(영문) 서울중앙지방법원 2019.08.22 2019고단3722

특수상해

Text

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

Criminal facts

At around 14:40 on May 19, 2019, the Defendant was at the “C” drinking house located in Gangnam-gu Seoul, Seoul, for the reason that he was unable to drive by proxy from the victim D(32 years of age) under the influence of alcohol, and was faced with the face with the hand floor by hand, the Defendant was at the time of the victim’s face by drinking, and her head was at the time of the victim’s head with the empty Sick on the table.

Accordingly, the Defendant carried dangerous objects and inflicted bodily injury upon the victim, which makes it difficult to know the detailed treatment period of the victim, to tear 5 cm.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. Application of damaged photographs and on-site photographs statutes;

1. Article 258-2 (1) of the Criminal Act, Article 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] (Article 62(1) of the Act on the Suspension of Execution] (Article 62(1) of violent crimes (Type 1): Reductions pursuant to the grounds for mitigation of punishment (Article 6-2): six months to two years (Article 1): 4-1 year (decision of a sentence] : the motive and background of the instant crime, the degree of violence exercised and degree of damage, the circumstances in which the Defendant recognized his mistake, and other various sentencing conditions indicated in the proceedings of the instant pleading, such as the Defendant’s age, character and conduct, criminal records (Article 62(1) (Article 62(1) of the Act on the Suspension of Execution), the circumstances after the commission of the crime (Article 62(1) (Article 1) (Article 62): the probation

It is so decided as per Disposition for the above reasons.