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(영문) 서울북부지방법원 2016.11.29 2016고단4271
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 13, 2016, at around 02:40, the Defendant: (a) carried out a dispute with D, his wife in the restaurant located in Jung-gu Seoul Metropolitan Government, which was operated by the Defendant; (b) caused the said D and the victim E (the age of 55) to sit on the side on which the victim E (the age of 55) was seated; and (c) caused the victim to put one empty bottle, which is a dangerous object, to the right end of the victim; and (d) caused the damage to the victim by ensuring that the small-scale illness facing the wall to the right end of the victim’s right.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant's act is divided into one's own crime and reflects against himself, and the agreement in which the plaintiff's intention not to punish the victim was submitted before prosecution: even if the defendant intentionally did not have caused illness to the victim, the act of causing illness is considerably dangerous in light of the nature of the main illness that can be easily shouldered, and the victim actually suffered bodily injury that the victim teared, and the defendant was sentenced to a fine of KRW 300,000 due to the violation of the Punishment of Violence, etc. Act (joint assault) at the Seoul Central District Court on April 20, 2012, and was committed eight times or more with the history of criminal punishment for violent crimes.

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