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(영문) 서울동부지방법원 2019.08.23 2019고단1910
특수상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around 23:30 on June 10, 2019, the Defendant brought a dispute with the victim on the ground that the victim D(48 years of age) would escape disturbance while drinking alcohol in Gangdong-gu Seoul, Gangdong-gu, Seoul. Around 23:30, the Defendant was moving to another place.

On June 11, 2019, at around 00:30, the Defendant collected plastic chairs, which are dangerous objects on the streets, and found them at the entrance of the packing string, followed the victim, and sound the victim to see, hear it, and gather the victim from the stairs, and led the victim to fit for the head of the victim, thereby making up approximately 22 days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Each investigation report (No. 5, 12, 15 No. 5);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on CCTV images by cutting down each photograph and CCTV image;

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 of Article 59(1) of the Criminal Act Article 59(1) of the Criminal Act (6 months of imprisonment with prison labor) where the defendant was placed in a victim, who is a dangerous object, and thereby, the victim's head was injured.

However, the defendant reflects his mistake in depth, the degree of injury of the victim is relatively excessive, the victim and the victim agreed smoothly with the victim, the defendant's primary offender, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other factors of sentencing specified in the arguments of the case, such as the circumstances after the crime, shall be determined as the order, comprehensively taking into account the following factors.

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