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(영문) 서울서부지방법원 2019.06.19 2018고단965

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around 04:00 on January 9, 2018, at the main point of the Guro-gu Seoul Metropolitan Government B’C’s second floor, the Defendant listened to the victim D (L, 38 years old), the main place of the fighting between his employees, and “dlehhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh, the head of the victim being 2 metershhhhhhhhhhhhhhhhhhhhhhh, and caused its head one stop

As a result, when the defendant is suffering from damage by using the 500CC glass and beer disease, which is a dangerous thing, the defendant put the victim into brain-dead sugar and the right bed, requiring treatment for about 20 days.

Summary of Evidence

1. Protocol of examination of the witness witness D;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to the victim's photographic photograph;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. The scope of recommended sentences according to the sentencing guidelines [decision of types] the basic area of recommendations [the scope of recommendations and recommendations] that there is no special injury [the category 1] special injury (the scope of a person specially punished], and the basic area of punishment, six months to two years;

2. The Defendant, on the ground that the victim resisted himself/herself, inflicted an injury by assaulting the victim due to beer and beer, etc., which is a dangerous object.

Nevertheless, the defendant did not make efforts to recover from damage while denying the crime, and now became in an unknown state.

Therefore, the sentence shall be imposed on the defendant, and the punishment shall be determined as ordered in consideration of the following factors: the defendant's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the records and arguments of this case.