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(영문) 서울남부지방법원 2020.01.22 2019고단3552
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to the defendant A, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On April 9, 2019, the Suwon District Court was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of assault in the Suwon District Court's Ansan Branch on June 6, 2019 and the judgment became final and conclusive on April 17, 2019

1. On June 22, 2019, Defendant A, at the Geumcheon-gu Seoul Building, and at the “D’s 1st underground floor,” in which the victim B was under drinking alcohol, he/she suffered an injury to the victim due to the number of days of treatment, such as the victim’s head was cut back once, and the head was teared, and the blood was cut.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B, at the time and place indicated in paragraph (1), was in drinking with the victim A while drinking alcohol at a time and place, and was fluent with an empty beer disease, which is a dangerous object on the table, and the head of the victim was cut one time, and the head part of the victim’s head was teared, and the blood transfusion occurred, thereby causing injury to the victim during treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A’s legal statement (as to the defendant B), which is made by the witness

1. On-site photographs and parts of the Defendants’ respective injuries;

1. Previous records of judgment: Application of criminal records, inquiry records (defendant B), investigation reports (the fact that the period of suspension of execution of sentence is still in force, and criminal records of the same kind);

1. Relevant Articles 258-2(1) and 257(1) of the Criminal Act and the Defendants’ choice of punishment for criminal facts

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant A: The reason for sentencing under Article 62(1) of the Criminal Act [the scope of a recommendation] (the scope of a recommendation] the mitigated area (4-1 year), the mitigated area (4-1 year), the mitigated area (including a person who has been specially mitigated), and the decision not to punish (including a serious effort to recover damage) [the decision of a sentence] Defendant A: The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances considered among the reasons for sentencing below).

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