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(영문) 서울남부지방법원 2016.07.20 2016고단2152
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 October 23:30 on October 201, 201, the Defendant, while drunk in a “D” restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, inflicted an injury on the number of days of treatment for which the victim E (28 years old) can teared to 500cc c c straw, which is a dangerous article on the table, and the head part of the victim E (28 years old) can be cut to 5 head.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each photograph;

1. A report on occurrence;

1. Application of CCTV 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 to mitigate small amount;

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

1. The form of the instant crime is very dangerous, and the degree of injury suffered by the victim is considerably significant, as the reason for sentencing Article 62-2 of the Social Service Order Criminal Act is that the Defendant, who is a dangerous object for the minor reason, has inflicted injury upon the victim’s head in several times.

Provided, That the punishment as ordered shall be determined in consideration of the fact that the defendant late later, surrenders himself to the investigation agency, and that the injured person does not want the punishment of the defendant in agreement with the victim, etc.

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