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(영문) 서울남부지방법원 2017.11.28 2017고단4475

특수상해

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On August 15, 2017, around 02:35, the Defendant started to take a sudden bath while drinking alcohol together with the victim D (n, 39 years of age) who had been suffering from the Defendant’s restaurant opening business at the Geumcheon-gu Seoul, Geumcheon-gu Seoul Metropolitan Government 2’s singing shop. The Defendant started to do so with the victim D (n, 39 years of age) who had been suffering from human being. The Defendant met this, and the Defendant spawded in the direction of the injured party, which is a dangerous object, and led the victim to the victim’s face, and caused the victim to spawn the unfold of the face of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are identical to the defendant, and the degree of injury of the victim is not less than that of the victim, etc. shall be determined by taking into account the factors of sentencing disadvantageous to him/her, monetary compensation, agreement with the victim, and the fact that he/she does not repeat the crime while against the crime, etc.