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(영문) 서울중앙지방법원 2019.08.09 2019고단2724

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on April 23, 2019, the Defendant: (a) suffered injury to the victim D (year 46) who is a workplace partner in Seocho-gu Seoul Metropolitan Government with respect to the payment of the drinking value at 3 times at 'C' main point of 'C'; (b) sent the victim several times in the vicinity of the victim's right eye due to drinking, and (c) caused the victim's ice of plastic material, which is a dangerous object in the studio, by viewing about about 3 weeks of the victim's left face and back part; and (d) caused injury to the victim, such as brain dye, which is a body in two open places where treatment is required for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

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 for discretionary mitigation;

1. The rationale for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant recognized the crime and commits the crime, agreed with the victim, and the victim was the wife against the defendant, there is no criminal record prior to the crime of this case, and the degree of injury is not excessive.

Other circumstances, such as the age, character and conduct, circumstances of the crime, and circumstances after the crime, etc., shall be determined as per the order.