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(영문) 서울중앙지방법원 2016.07.20 2016고단2903
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 25, 2016, at around 02:20 on March 25, 2016, the Defendant: (a) while drinking alcohol with the victim F (38 years of age) and drinking alcohol, the victim f (38 years of age) who is a volunteer in Gangnam-gu Seoul Metropolitan Government D1 floor, told himself/herself that he/she would be unbured; (b) the victim’s head was fluor, which is a dangerous object on the table, and (c) the victim was fluor, and (d) the victim was fluorous with approximately two weeks of face by drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation (an investigation of a witness and a witness at the scene);

1. Photographs;

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 to mitigate small amount;

1. The punishment shall be determined as ordered in consideration of all the circumstances, including the following: (a) the nature of the crime committed by the defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, and the victim’s severe punishment against the defendant, but the defendant wishes to do so, the defendant has no record of criminal punishment except for the previous offense of this kind and one time; (b) the defendant reflects the crime; (c) the victim deposited a sum of five million won for the victim; (d) the degree of injury to the victim; and (e) the age, sexual behavior, environment

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