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(영문) 서울남부지방법원 2017.04.21 2017고합83
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 13:10 on October 12, 2016, the Defendant, on the ground that 'D bicycle repair point located in Yangcheon-gu Seoul Metropolitan Government on the ground that 'D bicycle repair point' did not comply with the demand to get off 'D bicycle repair point' with 1st floor above the ground and to carry out work, the Defendant, from the victim E (51 3) and walked the mouth, which is a dangerous object in the above area, she 35 cm (5 cm in total length, 5 cm in diameter) and wire removal net (30 cm in total length). The Defendant, on the ground that 'D bicycle repair point located in Yangcheon-gu Seoul Metropolitan Government on the top of 'D bicycle repair point', the Defendant sent the face of the victim once every 30 cm in the face of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. Each certified copy of the scene of occurrence, E-damage photographs of the suspect, and deadly weapons used by the suspect A;

1. Application of statutes to certified copies of diagnosis certificates;

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

1. The sentencing under Article 62(1) of the Criminal Act (the following sentencing is more favorable in consideration of the circumstances in which the sentencing is more favorable) is suspended;

1. The scope of applicable sentences by law: one year to ten years; and

2. The sentencing guidelines are not applicable. 3. Determination of sentence: Imprisonment with prison labor for one year, the crime of this case for two years of suspended sentence shall be subject to danger that the defendant may lose his spathner and iron system, and the nature of the crime is not less than that of the victim, and the defendant did not receive a letter from the victim. In light of the fact that punishment corresponding to the responsibility is necessary.

However, the following factors are considered as favorable to the defendant: (a) the defendant is walking first from the damaged person, resulting in the crime of this case; (b) the defendant has no record of the crime of this case; (c) the defendant seriously reflects the crime of this case; (d) the defendant deposited KRW 2,00,00 in order to recover damage; and (e) the defendant should undergo continuous pharmacologic treatment due to heart disease; and (e) other factors of sentencing as shown in the records and changes, such as the defendant's age, character and conduct, family relationship, motive and means of the crime; and (e) the circumstances after the crime.

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