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(영문) 서울동부지방법원 2017.01.23 2016고단3914
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2016, the Defendant: (a) around October 16, 2016, found that the victim D (34 tax) was aware of the Defendant at the CNA located in Gangdong-gu Seoul Metropolitan Government.

In misunderstanding, the head of the victim was lowered due to beer, which is a dangerous article on the table.

In this respect, the defendant carried dangerous objects and carried them about two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or D;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. According to the circumstances that are disadvantageous to the defendant, the victim’s misunderstanding that the victim was first at the time of committing a crime is the motive for committing a crime, the victim’s misunderstanding that the victim did not have any circumstances that may be considered in the course of committing a crime, the victim was sufficiently agreed upon and contradictory to the victim, and there was no record of punishment for any crime after 200 years, etc., due to favorable circumstances, the sentence of the lower limit within the scope of the mitigated sentence shall be imposed within the mitigated sentence, considering the following: (a) the victim’s misunderstanding that the victim was first at the time of committing a crime; (b) the victim had no record of punishment for the crime.

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