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(영문) 서울북부지방법원 2019.11.29 2019고단3662
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 76) worked as the security guard of the C Apartment Ddong, and the victim retired from office on the preceding duty on May 17, 2019, and the defendant was in shift with the victim.

At around 14:21 on May 17, 2019, the Defendant: (a) while drunkd at the separate collection site of C Apartment-dong, Seoul Special Metropolitan City, Nowon-gu, and the Defendant was in dispute with the victim who found the Defendant due to the separate collection and removal agent, he was able to see the Defendant on the ground of each item in which the victim had been in his place; (b) as a result, the victim was boomed with each item in his place; (c) had the victim go beyond the victim’s body, and had the victim go beyond the victim’s body, and (d) had the victim go beyond the victim’s body on a single occasion, and caused the victim’s injury, such as a breath, etc.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Investigation report (STV dynamic image verification);

1. A report on internal investigation (explosion at the scene of occurrence);

1. Application of the Acts and subordinate statutes on photographs of damaged parts B;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 2000, Feb. 19, 2000; 200,000 won, etc., are to be paid to the victim, and the victim expressed his intention not to punish the Defendant, and some of the circumstances leading to the instant crime are to be considered)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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