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(영문) 서울중앙지방법원 2016.08.11 2016고단3866

특수상해등

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

To the extent that it does not interfere with the defendant's right of defense, some of the facts charged are legally adopted and investigated by this court.

1. Around 19:00 on May 14, 2016, the Defendant suffered an injury to the victim C (62 tax) with the victim C (62) located in Gangnam-gu Seoul (Seoul) No. 103 under the Gangnam-gu Seoul (B) for treatment days, such as that the victim was fluored by using a card game while drinking with the victim who was friendly with the victim, and the victim was fluored by using the card game at the same time while drinking with the victim, and the victim was fluored by the victim’s house, and the victim was fluored by fluoring the disease, which is a dangerous object on the floor, and caused an injury to the victim’s end.

2. On May 14, 2016, the Defendant suffered injury at the victim’s house at the above victim’s house on May 14, 2016, on the following occasions: (a) the victim suffering from injury, she went beyond the floor of the hospital, and she was faced with injury in the number of days of treatment due to the following: (b) the victim she saw the victim’s defect; and (c) the victim saw up to the floor; and (d) she sits up on the face and head part of the vessel; and (d) he

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the sentencing guidelines] six to seven years [the scope of the sentencing guidelines] o Article 1 of the Act (the scope of the punishment according to the sentencing guidelines) - General mitigation area (two to one year) reduction area (the first type of general injury) - Special mitigation person - No. 2 of the punishment non-won 1 (special injury): - Sentencing 2 of the sentencing guidelines is not set. Thus, the sentencing guidelines for the above injury are not set. Thus, the final sentencing range depending on the lower limit of the recommended sentencing range under the sentencing guidelines for the above injury.