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(영문) 서울남부지방법원 2018.06.27 2017고단2951
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 9, 2017, around 22:00, the Defendant, at around Geumcheon-gu Seoul Metropolitan Government Building C, discussed the issue of female-child care for the victim while drinking together with the victim D (46 tax). Around June 22, 2017, the Defendant had the left eyebrow where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to the scene and photographs damaged by victims;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order of community service, is to be determined as the same as the order, taking into account the following factors: (a) even though the defendant had a large number of violent crimes, he/she committed the instant crime; (b) the victim does not want the punishment against the defendant; and (c) the defendant's age, sexual behavior, environment, etc.

The acquittal portion

1. On June 9, 2017, the Defendant: (a) around 22:00, at the Geumcheon-gu Seoul Metropolitan Government Building No. 2 (46:3) around June 9, 2017, while drinking together with the victim D (S) in the case of the Victim D, the Defendant was faced with the victim’s female-friendly room; (b) on the other hand, the Defendant continued to put the victim with the surgery, which is a dangerous thing, and had the victim with the surgery, and had the victim’s left eyebrow.

2. Determination

A. Although there is a statement in an investigative agency of the victim as evidence that seems to be consistent with the victim's injury or injury, the victim does not memory as to whether the victim was so drunk as at the time of this Court, and whether the statement was written with the content of the victim's injury or injury.

In light of the fact that the victim made a statement, the victim made a statement to the hospital immediately after the case, only when he received medical treatment, and the victim did not mention the illness, it is difficult to believe that the victim's statement to the investigative agency is not true.

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