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(영문) 서울남부지방법원 2018.10.24 2018고단3398
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 4, 2018, the Defendant: (a) around 21:50 on April 4, 2018, from the hallway of “D” main corridor located in Gangseo-gu Seoul Metropolitan Government, the Defendant: (b) was a tree that the Defendant’s first-class E smokes in non-smoking areas to the victim F (45 tax); and (c) was a brucing of E and the victim each other; and (d) was brued with an empty beer disease, which is a dangerous object on the table table in the above main shop; and (e) the Defendant’s head was deprived of the victim’s disease.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as a strawer and a flag, which require medical treatment for about 21 days.

2. At the time and place specified in paragraph 1, the injured Defendant: (a) entered the victim G (34) with the Defendant’s daily activity along with the foregoing F, with the victim entering the Defendant’s daily activity; and (b) laid the victim’s head by gathering plastic suspension on the table of the said main points.

As a result, the Defendant inflicted injury on the victim, such as strings and parassis, which require treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Protocol concerning the examination of suspects of G to the prosecution;

1. A protocol concerning the examination of suspect of the police against F and G;

1. Written statements of the F and G;

1. Each injury diagnosis letter to F and G;

1. The result of the reproduction of CCTV images (No. 18);

1. A report on investigation (on-site search and CCTV investigation) and a photographic photo of CCTV creations;

1. Application of Acts and subordinate statutes concerning violence against the victim;

1. Article 258-2 (1) of the Criminal Act in relation to the crime, Article 258-2 (1) of the said Act, Article 257 (1) of the Criminal Act (the point of inflicting an injury on carrying a dangerous object) and Article 257 (1) of the Criminal Act (the point of inflicting an injury);

1. Selection of imprisonment with prison labor for the crime of elective injury;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act of the community service order: The instant crime was committed by the Defendant as a beer disease.

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