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(영문) 서울서부지방법원 2020.05.21 2018고단472

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

Punishment of the crime

On December 22, 2017, around 17:50, the Defendant, in front of the “C” located in Eunpyeong-gu Seoul Metropolitan Government on December 22, 2017, while drinking alcohol together with the victim D (the age of 67) and was under influence with the victim D (the victim was f7), and the victim was boomed with the head of the Defendant, and boomed the breath, and turned the victim’s head into a main disease, which is a dangerous object in the surrounding surroundings, due to drinking and breath, was flick, and the victim was flick on the treatment date.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of D police statement;

1. Photographs of the victim at the time of damage and data concerning medical treatment submitted by the victim;

1. Application of each investigation report (to attach photo photographs used for the field and violence, to attach CCTV images for the use of the scene and violence) [this case’s situation is not memory; the evidence mentioned above, in particular, according to the victim’s statements and CCTV image data taken in accordance with the circumstances at the time, the act of the defendant is recognized as stated in its holding];

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 for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

The circumstances that are disadvantageous: The degree of violence is severe and the degree of injury is not easy: The victim does not want the punishment of the defendant; the victim does not have criminal records exceeding the fine; and the so-called ‘defensive village' makes it difficult for the victim to neglect.