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(영문) 서울북부지방법원 2018.04.11 2018고단390

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 26, 2017, at around 22:55, the Defendant: (a) was working partner D ( South, 56 years of age) with D; (b) was collected from beer disease, which is a dangerous object in the place; and (c) was trying to get off the part of the head of the victim; and (d) was trying to get off the part of the head of the victim by gathering the beer disease, which is a dangerous object in the place.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, such as salt pans in the part of the 2nd heat and hand that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are recognized to be erroneous by the Defendant, and the following are determined by comprehensively taking account of the following: (a) the fact that the Defendant has agreed with the victim; (b) the relationship with the victim; and (c) the Defendant’s age, sexual conduct, criminal records, economic circumstances, etc., and the various conditions