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(영문) 서울중앙지방법원 2017.01.19 2016고단8242
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 26, 2016, the Defendant: (a) around 04:45 on October 26, 2016, at the main point in Jongno-gu Seoul, and (b) around 54 years of age, the injured person, while drinking alcohol together with the injured party B, divided the Defendant’s daily behaviors and dialogue, caused a beer disease, which is a dangerous thing at the same time, and the victim’s head was inflicted two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

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 (Article 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the same Act shall take into account the favorable circumstances as seen below

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution ( Taking into account the following favorable circumstances): The nature of the crime is not good in light of the circumstances and methods of the crime in this case where the injury was inflicted on the part of the head, which may be caused by a dangerous article, and the circumstances leading up to and how to commit the crime in this case where the victim did not reach an agreement with the victim; the victim is seriously reflects the fact that the victim did not appear to have suffered serious injury; the victim deposited 2 million won as compensation for damages; the victim deposited 2 million won as damages; the victim has no record of having been sentenced to imprisonment without prison labor or heavier punishment: The decision to punish the defendant by taking into account all such various circumstances as the above circumstances and the age, sex, career, home environment, motive and means of the crime, and the circumstances after the crime, etc.

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