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(영문) 서울남부지방법원 2019.11.27 2019고단191
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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 13, 2018, the Defendant, in Geumcheon-gu, Geumcheon-gu, Seoul, 18:40 on December 13, 2018, 'C', 'B', 'B', 'B', 'B', 'B', 'B' and 'B', 'B', 'B' known to the end, 'B' from the victim D, 'B 'W', 'W' and 'W', 'W', 'W', 'W', was a dangerous object 'W' 'W', 'W', 'W', 'W', 'W'.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to have telephone conversations for witnesses);

1. Application of Acts and subordinate statutes to photographs taken in distress;

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is highly likely to be committed as a result of the injury of the victim due to the injury of the victim due to a minor illness, and the liability for the crime is not minor;

However, it shall be considered in favor of the victim that the victim expresses his/her intention not to punish the defendant, and that the defendant has no record of punishment more than a fine, and the above circumstances and the sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, criminal records, and circumstances after the crime, shall be determined as ordered in consideration of all the circumstances.

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