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(영문) 서울동부지방법원 2016.05.25 2016고단205
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2015, at around 03:32, the Defendant collected c amusement poles in Songpa-gu Seoul Metropolitan Government B 2, and 201, the Defendant brought a dispute over the amount of money in the course of settling the balance between the victim D (29 tax) and customers, which was given by the victim D (29 tax) and the heat preserving that he received from the customers, and collected the string of the table, which is the object dangerous to the shoulder, the head part of the above victim’s World Cup on the table, and added approximately two weeks to the above victim the string and the 2nd heat.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement of D);

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Each report on investigation;

1. On-site photographs;

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 for mitigation of a small amount (the following good circumstances);

1. The reason for sentencing under Article 62(1) of the Criminal Act is that there is no need for strict punishment, such as the fact that the defendant, for reasons of sentencing under Article 62(1) of the Act on the Suspension of Execution, has been punished for a period of six months of imprisonment with prison labor due to violence on 196, again uses violence, and that there is a high risk of high risk of causing serious injury or death if he/she pricings head with the view of a shoulder glass path

However, it is decided as per Disposition in consideration of all the sentencing conditions, including the fact that the defendant has no record of being sentenced to imprisonment, there is no record of being sentenced to more severe punishment than a fine after 196, the depth is reflected, the victim's injury is not much weighted, the victim's damage is promising the victim to compensate for damage, and the victim is seeking the wife of the defendant in agreement with the victim (Agreement submitted on May 11, 2016) and the age of the defendant.

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