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(영문) 서울중앙지방법원 2016.11.02 2016고단4689

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 17, 2016, the Defendant was sentenced to imprisonment with prison labor for six months for the obstruction of performance of official duties by the Seoul Western District Court, and the judgment became final and conclusive on August 25, 2016.

On July 5, 2016, the Defendant, at around 02:04, at the first floor of the Gangnam-gu Seoul Metropolitan Government building C, on the ground that the victim E (25 years of age) was infinite, an employee, was faced with a beer disease, which is a dangerous object on the customer, and the beer disease faced with the floor, caused the beer disease to escape to the right side of the victim, and caused about 30 meters to tear to the right side of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The knife photograph of the victim;

1. Previous convictions indicated in judgment: Criminal history records, probationary records (A), investigation reports (verification during judgment), and application of Acts and subordinate statutes of the superior to cases;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions, such as the age, character and conduct, environment, means and consequence of the crime, as shown in the records of the instant case, shall be determined as follows: (a) a sentence as ordered, taking into account the factors constituting the sentencing conditions indicated in the instant records.

Unfavorable circumstances: The crime of this case is not very good in light of the method and risk of the crime.

A favorable circumstance: The degree of injury suffered by the victim is not an important part.

The defendant agreed smoothly with the victim.

It is necessary to consider equity in the case of judgment simultaneously with the crime of obstruction of performance of official duties for which judgment has become final and conclusive.

Defendant acknowledges and reflects crimes.