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(영문) 서울동부지방법원 2018.11.15 2018고단2232

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim C (61) and the father.

On July 4, 2018, the Defendant: (a) around 16:18, on the ground that the victim was neglected and neglected on the road near the residence of the victim located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant collected food waste from plastic materials to the face of the victim; (b) taken the victim's face; (c) taken the victim's face in drinking; (d) taken the victim's face into consideration; (e) taken the victim's face, face, head, etc.; and (e) took part of the victim's face, which is a dangerous object in drinking; and (e) taken part of the victim's face into consideration the victim's face by drinking, and (e) taken part of the victim's face, the Defendant took part of the victim's face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographss of victims, on-site photographs, and photographs of criminal tools;

1. Application of statutes on records of seizure and lists of seizure;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 44-2 of the Act on the Medical Treatment Order, the Observation, Care, Care, etc., and Article 62-2 of the Criminal Act is deemed to have inflicted bodily injury upon the father’s face and head in light of dangerous articles. On-site photographs, the victim’s blood transfusion was very significant at the time.

In the case of the defendant's attitude on the father, the danger was also high during that period.

I would like to say.

However, the punishment shall be determined in consideration of the fact that the defendant recognizes the crime of this case and is against the defendant, the victim does not want the punishment against the defendant, and the fact that the defendant has no power, except once a fine is imposed on the defendant.