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(영문) 서울북부지방법원 2018.11.09 2018고단2885
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 30, 2018, the Defendant: (a) around 22:15, at C cafeteria located in Seongbuk-gu Seoul Metropolitan Government on June 30, 2018; (b) at the victim D (44 tax) while drinking alcohol with bowling members, without justifiable reasons, walked for the victim’s head; (c) the victim’s head was flick, which is a dangerous object on the table; and (d) continued to be on the table table.

When the head of the victim is 500cc beerl, the head part of the victim's head, the number of days of treatment of which can not be known, was the tearing injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. Application of the Acts and subordinate statutes to the victim's body photographs attached to investigation reports (Attachment to the victim's body photographs) and attached photographs;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture of this case shows the appearance that the defendant recognized the crime of this case and reflects the mistake, under the circumstances favorable to the defendant by agreement with the victim, the injured person expressed his intention not to punish the defendant, under the circumstances favorable to the defendant, the injured person by using dangerous objects on the grounds that the crime is not good, and the previous crimes are committed, and there are several records of punishment for the same kind of crime, and the punishment is determined as ordered by taking into account the circumstances unfavorable to the defendant, such as the defendant's age, sexual behavior, environment, motive, motive, means and consequence of the crime, and the circumstances after the crime.

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