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(영문) 서울북부지방법원 2017.07.20 2017고단1016
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 25, 2017, at around 03:21, the Defendant: (a) went through a “D” drinking house located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu C and the second floor; (b) went through drinking with another person while drinking together with the drinking of the victim E (21 years old); and (c) was in dispute with the victim, and (d) the victim avoided the Defendant; (b) the victim was forced to stop the Defendant, and (c) the victim was frighted one time by gathering a small-scale illness, which is a dangerous object on the table of the table.

In this regard, the defendant suffered bodily injury such as the escape of a baby who needs approximately four weeks of treatment (influence on the left side of the music).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing photographs and video CDs by capturing CCTVs;

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

1. Article 53 of the Criminal Act for mitigation of small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant committed the instant crime, even though he/she had been subject to a fine once due to violent incidents, and three times of punishment due to juvenile protective disposition, again committed the instant crime.

The favorable circumstances: The defendant is deeply against the defendant when committing the crime of this case.

In contingent, the crime of this case was committed. The victim did not want the punishment of the defendant due to the smooth agreement with the victim.

In addition to the previous offense of a fine, there is no criminal offense.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances as the age, sex, motive of the crime, and circumstances after the crime.

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