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(영문) 서울중앙지방법원 2019.08.22 2019고단3210
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 15, 2019, at around 07:45, the Defendant used a white brick (ro 19cm, length 9cm, height 5.5cm), a dangerous object located near the above building, in front of C University D located in Seocho-gu Seoul, Seoul, as a hand, the Defendant driven away from the victim E (age 49cm) who was running along the road, without any justifiable reason, and led the victim to a hot spring, where there is no open two boxes for the victim to receive treatment for about 10 days, by putting the back head part of the victim E (age 49cm) up to one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The result of CCTV recycling;

1. Application of Acts and subordinate statutes to brick photographs and death diagnosis reports;

1. The crime of this case on the grounds of the sentencing of Articles 258-2(1) and 257(1) of the Criminal Code of the relevant criminal facts is the case where the defendant, without any reason, prices a part of the head of the victim who was walking, and thereby, the nature of the crime and the circumstances of the crime are not good, and furthermore, it is necessary to punish the general public in a broad sense of fear.

The defendant was unable to receive a letter from the victim.

On the other hand, the defendant is aware of the crime of this case and is against his will, and there is no criminal power for the same kind of crime.

Comprehensively taking into account the above circumstances and all the conditions of sentencing as shown in the argument of the case, the sentencing committee shall determine the same sentence as the order within the scope of sentencing guidelines.

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