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(영문) 서울남부지방법원 2017.08.10 2016고단6285
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 00:20 on September 10, 2016, the Defendant: (a) brought a dispute with the said Gowon’s 4th floor public announcement center located in Yeongdeungpo-gu Seoul Metropolitan Government on the ground that he was drunkly closed the door, and (b) brought the victim E (58 cm) to the marier, which is a dangerous object in the restaurant, and (b) the marier’s marith (25cm in total length, approximately 17 cm in length) and the marith, which is a dangerous object in the restaurant at the same place, and displayed the victim as the marith, but the victim displayed the her hand of the son, who caused the Defendant’s flag, by hand, was unable to know the number of days of treatment, such as flaging the victim’s left part, and flaging the victim’s eye, which is a hick part of the flaf.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has been timely punished by the Defendant as his previous forces, the fact that the Defendant committed the instant crime is not good.

However, the sentence was determined by comprehensively taking into account various sentencing conditions that appear to have been committed by the defendant under the influence of alcohol, the degree of damage is not severe, the victim was the prior wife of the defendant, the defendant's age, sexual conduct, circumstances after the crime, family relationship, etc., and various sentencing conditions shown in the changed theories.

It is so decided as per Disposition for the above reasons.

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