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(영문) 서울남부지방법원 2019.08.14 2019고단129
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on December 13, 2018, the Defendant, while drinking alcohol together with C main points located on the first floor of the Guro-gu Seoul Metropolitan Government building B, was under the influence of the victim D, the victim d, who was under the influence of alcohol and breathing the victim’s breath while pushing the victim with his hume and bath, and then breadd the victim’s hump with her hand, her hand, her head, which is a dangerous object on the tables, was her head, and her head was her head, so that the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. The accused's third date, legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing victim and on-site photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The instant crime is highly dangerous in light of the means and methods of the act, as it is the case where the Defendant gets the head of the victim by beer disease and caused two strings in the number of days of treatment;

(k) favorable circumstances: The victim expresses his/her intent not to punish a defendant from the investigative agency to the extent that he/she wishes, the degree of injury suffered by the victim is relatively small, and there is no criminal record that the defendant has been punished more than a fine;

The decision of sentence: the above circumstances and the defendant's age, character and conduct, environment, records of crimes, motive for crimes, circumstances after crimes, etc. shall be determined as ordered in consideration of the sentencing prescribed in Article 51 of the Criminal Act.

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