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(영문) 서울북부지방법원 2016.11.30 2016고단4399
특수상해
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 5, 2016, at around 02:00, the Defendant: (a) discovered that the victim D (manam and 28 years of age) who is an employee of the above main shop in Seongbuk-gu Seoul was snicking the body of the Defendant who was divingd to steals his body in order to steals the Defendant, while under the influence of alcohol; and (b) took three times the head of the victim’s head, which is a dangerous object at that place.

In this respect, the defendant used dangerous things to put up two main points requiring treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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;

1. Scope of applicable sentences under law: Six months to five years; and

2. Where the mitigated area (one year and six months to two years), the mitigated area (one year and six months), the penal penalty (including advanced efforts to recover damage), or considerable damage is recovered according to the sentencing guidelines;

3. The conditions of sentencing, such as character and conduct, environment, etc., of the defendant and the above sentencing guidelines are premised on the Act on the Punishment of Violences, etc. before the revision (Act No. 12896), taking into account the fact that the defendant agreed with the victim of the decision of sentencing, that there was a history of punishment as a violent crime, but no criminal punishment exceeding a fine has been imposed since 197, and that it is in depth against the defendant, and the above sentencing guidelines are judged as ordered

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