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(영문) 서울남부지방법원 2017.02.08 2016고단1899

특수상해

Text

Defendant

B A person shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

B around 22:00 on April 21, 2016, on the ground that the body met while dancing at the stage in Geumcheon-gu Seoul, Geumcheon-gu in Geumcheon-gu, Seoul, the victim A (33 tax) was considered to have met her head on one occasion by beer, and the victim A (33 tax) was considered to have met her head on one occasion by beer, and the victim's head on one occasion by beer disease, which is a dangerous object in the table below the stage, the victim's head on one occasion and the victim's head on one occasion cannot be identified.

Summary of Evidence

1. Defendant B’s legal statement

1. A protocol concerning the examination of suspect of each police officer;

1. Photographs of the victim;

1. Application of the Acts and subordinate statutes governing the part of the victim's bodily injury;

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 (the following conditions considered in favor of sentencing) of the mitigated amount;

1. The crime of this case was committed by beer disease, which is a dangerous object for sentencing under Article 62(1) of the Act on the Suspension of Execution, causing bodily injury to the victim’s head, and did not recover from damage. However, during the commission of the victim, the victim thought that the victim himself/herself was the victim with his/her head from beer disease, and committed the crime of this case extremely contingently, in light of the fact that the defendant was the victim at the time of committing the crime of this case, and that the victim was the victim's mistake, and that there was no record of criminal punishment in the Republic of Korea, etc., the punishment of this case shall be determined as ordered.

Parts of innocence

1. On April 21, 2016, the summary of the facts charged against Defendant A is that the Defendant had dancing with the victim B (44 cm) who had danced in the Stage in Geumcheon-gu Seoul, Geumcheon-gu, Seoul around April 21, 2016, the Defendant was a trial expense on the ground that he had faced with the body of the victim B (44 cm) who had been faced with dancing in the side, and the Defendant was a beer disease, which is a dangerous object in the table below the stage, and the victim’s head cannot be identified.