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(영문) 서울남부지방법원 2019.09.25 2019고단3639
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 23, 2019, at around 22:20 on June 23, 2019, the Defendant, at “C” restaurant operated by the Defendant in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, caused a dispute with the victim for an unforeseen reason during drinking and drinking. The Defendant collected beer disease, which is a dangerous object on the table, and caused the victim’s face to four times, thereby making it impossible for the victim to know of the treatment period.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV closures, victims, and field photographs;

1. Application of video CD-related Acts and subordinate statutes;

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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The crime of this case is committed against the victim by beer disease, which is a dangerous thing of the defendant, and the nature of the crime is not good in light of the background, method, content, risk, etc. of the crime: The defendant is against the defendant; the victim does not want the punishment of the defendant; the victim does not want the punishment in Korea by mutual consent with the victim; the defendant has no record of criminal punishment in Korea; the defendant has no record of criminal punishment in the above circumstances and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc.; the punishment of this case shall be determined as ordered in consideration of all the conditions of the arguments and the records of the

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