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(영문) 서울중앙지방법원 2019.01.11 2018고단7628
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

On October 1, 2018, the Defendant, at the main station located in Seocho-gu Seoul Metropolitan Government, sold the back water of the victim with the 500cc beer residues, which is a dangerous object, without any justifiable reason, during a conversation with the victim C (the age of 45) at the main station located in Seocho-gu Seoul Metropolitan Government, and sustained the victim's head due to drinking, and sustained the victim's injury, such as brain, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A written statement of C and D;

1. On-site photographs;

1. 12 case report table;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for reference D);

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. Priceing the head of 500c beer c bet, which is a dangerous object for sentencing under Article 62-2 of the Social Service Order Criminal Act, is disadvantageous to the following: (a) the serious criminal that may cause serious bodily harm to the victim; and (b) the degree of the type of force written in the judgment that the Defendant inflicted on the victim, is not easy.

However, in the process of the public trial of this case, when the defendant agreed with the victim, the victim has not been punished against the defendant; the defendant is the first offender who has no record of criminal punishment in addition to the case of this case; the defendant's age, character and conduct, family relation, circumstances after the crime, and all other factors of sentencing as shown in the trial of this case are considered.

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