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(영문) 서울서부지방법원 2016.05.12 2015고단2949
특수상해
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around 23:10 on October 13, 2015, the Defendant had no “packer” from the victim C (48 tax) in the outdoor tennis in front of the E convenience store located in Eunpyeong-gu Seoul Metropolitan Government.

In addition, I do not want to talk with widths.

“The victim’s face, after hearing the horses to the effect, citing the victim’s hand satisfy, who was satisfying a part of the victim’s head satisfy and satfying the victim’s head satisfy, which is a dangerous object in front of the victim’s horse.

As a result, the defendant carried dangerous objects with the victim about two weeks of medical treatment, which requires two-time medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. On-site and damaged photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (on-site CCTV verification, suspect C injury diagnosis report, suspect C head treatment photograph);

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

1. The punishment of the Defendant is inevitable in light of the following: (a) the attitude of the act of the crime in question on the grounds of sentencing of Article 25(3)3, Article 32(1)3, and Article 32(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Reject Compensation Order; (b) the attitude of the act of the crime in question on the grounds of sentencing is very dangerous because the victim was able to get down the part of the head of the victim on the basis of the iron agents; and (c) the victim suffered bodily injury, such as the victim’s implementation of breathing, after he tearing the two parts, but the Defendant did not make efforts to compensate for injury on a monthly basis or make an agreement with the victim; and (d) the Defendant has many criminal records

However, under favorable circumstances in which the defendant is led to confession and mistake, the defendant's age, sexual conduct, circumstances leading to the crime, motive, and other conditions of sentencing were considered, and the punishment was determined as ordered.

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