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(영문) 서울남부지방법원 2019.02.15 2018고단5885
특수상해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2018, the Defendant: (a) around 01:38, around 01:38, 2018, while drinking D, E, and alcohol in a “C commercial building” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) the Defendant said that the victim F (32 years of age) would lower the volume of the Defendant; (c) the Defendant, as a smaller, a dangerous object on the table table, was flicked once the part of the victim’s processed interest was flicked, and re-flicked once the part of the victim’s processed interest was flick.

Accordingly, the defendant carried dangerous objects and carried a heat where the number of days of treatment can not be known to the victim's interests.

(2) In light of the above circumstances, the defendant and his defense counsel asserted that the above crime cannot be applied to a special injury crime since it is unreasonable to view that the defendant used the beer and beer disease in the beer and beer disease for the purpose of causing harm to the life and body of the victim. However, as long as it is obvious that the defendant used beer and beer disease in the beer and beer disease in the beer and the beer disease in the beer and the beer disease in the beer part of the victim, the above argument cannot be accepted, and

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes governing bodily injuries;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence was that the Defendant committed the instant crime while entering Korea, who was engaged in H-2 (Visits) labor in Korea, following the commission of the instant crime; immediately after the commission of the crime, the victim’s injury was agreed with the victim; the victim’s injury was not severe; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and other circumstances indicated in the instant records and arguments, including the circumstances after the commission of the crime.

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