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(영문) 서울동부지방법원 2018.01.18 2017고단2950
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23:30, 2017, the Defendant, at the main point of “C” located in Songpa-gu Seoul, Songpa-gu Seoul on September 11, 2017, brought an injury to the victim’s head and the part of the victim’s head, and the number of days of treatment that the victim’s head and the part of the victim’s head were teared to tear, and the victim’s head and the part of the victim’s head were teared, and the victim’s head and the part of the victim’s head cannot be known, on the ground that the victim took a common sense with the victim D (47 tax) who was a workplace volunteer, and made a negative speech

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 258-2 and 257 (1) of the Criminal Act relating to 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 Social Service Order Criminal Act shall be taken into account the victim’s head at the cost of the victim’s head as a major soldier, while considering the unfavorable circumstances: Provided, That the defendant’s head is against the victim, and the circumstance agreed with the victim is considered as favorable.

In addition, all the conditions prescribed in Article 51 of the Criminal Act, such as the motive, age, sex, criminal record, etc. of the defendant, shall be determined as per the disposition.

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