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(영문) 서울서부지방법원 2018.12.06 2018고단3130

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 8, 2018, at around C convenience stores located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 13:50, the Defendant: (a) made a dispute with D and drinking with the victim of sexual intercourse who was aware of that person; and (b) made two parts of the victim’s head with plastic, which is a dangerous object of theme in front of the convenience store, the Defendant saw the victim into two parts of the treatment days, such as the victim’s head load, the head load, and the part of the part of the part in front of the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to investigation reports (related to the victim's body photographs, the victim's full-time body photographs, and the crime tools);

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 favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The degree of assault and injury shall not be small;

The favorable circumstances: The confession of all crimes of this case and the mistake are recognized.

All damages are recovered, agreed with the victim, and there is no history exceeding the fine.

In addition, the punishment shall be determined in consideration of various conditions of sentencing as shown in pleadings and records, such as the defendant's age, sex, environment, circumstances before and after the crime, the background of the crime, etc., and the execution of the punishment shall be suspended.