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(영문) 서울남부지방법원 2018.10.02 2018고단2915 (1)
상해
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:55 on May 28, 2018, the Defendant expressed the victim C(45) in front of Gangseo-gu Seoul Metropolitan Government on the road B, and took the victim’s face side several times in drinking on the ground that the Defendant first expressed his/her desire to do so, and caused the victim’s head by taking the cell (28cm wide, 11cm long) which is a dangerous article on the vehicle on which the Defendant was on board.

As a result, the defendant carried dangerous things with the victim's head and inflicted an injury on the victim's head, resulting in an injury to the victim's days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of C damaged photographic 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 for the Reduction of Small Quantity mitigated (the victim first ging the trial cost to commit the instant crime, resulting in the occurrence of the instant crime, the mutual agreement with the victim, the fact that the victim is in contravention of the crime, the degree of injury, the fact that the degree of injury is not very heavy, the moving of the residence after the instant case, etc., the punishment against C and the equality, etc. shall be taken into account);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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