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(영문) 서울중앙지방법원 2019.06.27 2019고단642

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On November 10, 2018, the Defendant: (a) around 07:53, in a restaurant of “C” in Jongno-gu Seoul, Jongno-gu, Seoul; (b) caused the damage of the victim D, who was drinking together, by unfolding the urging so that the urgical disease, which is a dangerous object on the table, was broken off; and (c) caused the defining disease, the part of the victim’s back head was finced twice by the number of treatment days to the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. A criminal investigation report (a photographic of the injured part), an investigation report (a photographic of the injured part);

1. Application of Acts and subordinate statutes to investigation reports (CCTV reading results);

1. The reason for the sentencing of Article 258-2(1) of the relevant Act on Criminal facts, Article 257(1) of the Criminal Act / [the scope of recommendations] Article 257(1) of the Criminal Act / [the basic area of injury by special appearance] : Six months or two years [the period of punishment : six months or two years [the period of sentence] / six months or two years [the period of sentence ] the motive or circumstance leading to the instant crime, the degree of the exercised violence or the degree of damage (the defendant is defrising glass disease which is dangerous object so that the head part of the other party is defrist), and the victim expressed his intent not to be punished by the agreement, and in consideration of all the conditions of sentencing as expressed in the proceedings of the instant case including imprisonment with prison labor, age, character and conduct of the defendant, criminal records, circumstances after the instant crime, etc.

It is so decided as per Disposition for the above reasons.