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(영문) 서울동부지방법원 2018.06.21 2017고단4329
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 29, 2017, the Defendant: (a) around 07:55, at a “D” restaurant located in Gwangjin-gu Seoul Special Metropolitan City, the victim E (50 h) considered the victim E (50 h) as a dangerous thing on the ground that the victim E (50 h) said “Iscam in a restaurant”; (b) had the victim’s face; and (c) had the victim fright up to approximately two weeks of face; and (d) had the victim scam in an open room in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Three copies of the investigative report (ctv video verification) and screen pictures of suspension;

1. Application of statutes to site and photographs of damage, investigation reports (change of the name of the crime), and medical certificates;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the following sentencing grounds) of the suspended sentence is that the crime of this case was committed against the victim’s face, and it is highly dangerous.

However, in full view of the circumstances favorable to the defendant, such as the fact that the degree of injury is relatively not more severe, the fact that the defendant repents and reflects the error, the first offender, the fact that the victim made efforts to recover damage, such as the payment of money to the victim, etc., and the age, sex, environment, family relationship, motive, means and consequence of the crime, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, means

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