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(영문) 서울동부지방법원 2017.05.11 2016고단4518

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2016, the Defendant: (a) around 02:10, at the Gangdong-gu Seoul Metropolitan Government and the 1st floor D restaurant, the Victim E (Influence, 45 years of age) turned out the victim’s neck and damaged the victim’s neck over the floor, and cut out the victim’s neck and body, and (b) taken the victim’s face and body several times due to drinking and sprinking, and collected the tree chair, which is a dangerous object located therein, brought the victim’s face into the victim’s face, and added the victim to the treatment days.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. Each investigation report (the telephone investigation, CCTV investigation, and photographing of the victim's upper part);

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Reasons for sentencing under Article 62 (1) of the Act on Suspension of Execution - Circumstances unfavorable to the defendant: A crime using dangerous articles - Circumstances favorable to the defendant - Aggravated injury, relatively minor, the victim's not to punish himself/herself, serious reflectivity - Other conditions attached to sentencing under Article 51 of the Criminal Act;