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(영문) 서울중앙지방법원 2016.12.08 2016고단7445
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

At around 22:00 on July 27, 2016, the Defendant left the victim C (year 48) and drinking in front of the Seoul Jung-gu Seoul Central District 1 Seoul Central District Scenic, on the ground that the victim talked the Defendant as badly, and caused the victim’s head one time, which is a dangerous object, to put the victim head into two parts of the treatment days where the head of the victim 20m teared.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 258-2 (1) of the Criminal Act applicable to the relevant criminal facts (the point of special injury);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act is not good in light of the criminal history, motive, method of commission of a crime, result and risk of a crime, etc., the punishment is to be determined as above in light of the following factors: (a) the defendant appears to have committed a crime in response to his/her confession; and (b) the victim does not want the punishment by mutual consent with the victim; and (c) other circumstances constituting the sentencing conditions indicated in the records of this case, such as the defendant’s age, character and behavior, family relation, family relationship, home environment, motive and means of a crime, and circumstances after a crime, etc.

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

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