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(영문) 서울남부지방법원 2018.05.28 2018고단1302
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 1, 2017, the Defendant: (a) around 02:15, at a singing practice place located in Yeongdeungpo-gu Seoul, for the reason that the Defendant drinking alcohol together with the Defendant’s wife, the Defendant’s wife, and the victims who are the Defendant’s wife did not talk with the victim D (V, 30 years of age) in mind; (b) sold an empty beer on the table to the head of the victim D; and (c) sold the victim’s head one time to the fire extinguisher, which is a dangerous thing in that place; and (d) when the victim E (V, 28 years of age) who satisfys the body of the victim E (the 28 years of age) who satisfyed into drinking and drinking, then the Defendant satisfyed the victim D with approximately two weeks of open medical treatment, including injury to the victim, who did not have any wife, and the victim’s body that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement in E in the suspect examination protocol against the accused;

1. Part of the statement of D or E in the police interrogation protocol against the accused;

1. Each police statement made to D or E;

1. Bodi photographs and field photographs of each suspect's injury;

1. Application of Acts and subordinate statutes to the written diagnosis of injury of each suspect;

1. Relevant Article of the Criminal Act and Articles 258-2, 257 (1) and 257 (1) (a point of special injury) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant used violence against the victims on the ground that his wife made a bad speech to the defendant. Among them, the special injury crime is likely to inflict an injury on the head of the victim with dangerous articles such as beer cans, etc., and the degree of the injury suffered by the victim is not easy.

However, the victims also seem to have committed assault against the defendant, the fact that the defendant paid 5 million won to the victims and agreed to pay 5 million won, and the crime related to violence in 2014.

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