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(영문) 서울북부지방법원 2018.01.19 2017고단4768

특수상해

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

At around 22:00 on September 30, 2017, the Defendant, at the main point of “C” located in Dobong-gu Seoul Metropolitan Government, performed drinking together with the victim D (58 taxes) and Doz E, the Defendant saw the victim’s back water and face several times on the hand of the victim on the ground that the damaged person got bad horses, and put the victim’s left face side part once on the right knife, the victim’s knife, and the knife knife of the dangerous object, which require treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the nature of the crime in this case is not somewhat weak in light of the motive of the act and the part of the injury, etc. of the criminal act in this case. On the other hand, the defendant led to confession and reflect on the criminal act in this case while under the influence of alcohol, the defendant seems to have committed the criminal act in this case in this case by failing to punish the defendant by smoothly agreement with the victim, and all other circumstances revealed in the records of this case and the theory of the change, shall be determined as per the disposition.