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(영문) 서울동부지방법원 2017.11.02 2017고단1850
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a space between the victim C (n, 38 years old) and the victim C.

At around 03:30 on March 18, 2017, the Defendant: (a) assaulted the victim at one time at the victim’s scam in the body of the Defendant in Gangdong-gu Seoul Metropolitan Government when the victim’s scams were in dispute with the victim’s marriage problems, etc.; and (b) was collected on the body of the victim’s head, which is a dangerous object in a continuous place, and caused the victim to inflict bodily injury on the victim, such as an open body of the victim, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each investigation report (including attached data, such as a written diagnosis of injury);

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Article 260 (1) of the Criminal Act (a point of violence and choice of imprisonment with labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the same Act does not mean that the degree of injury of the victim is less severe, and the damage has not yet been recovered until now, and the victim seems to have been given a considerable physical and mental legacy due to the instant crime, and the Defendant and the victim were in a special trust relationship with the victim as they were in depth and were in a special trust relationship. In light of the fact that the instant crime committed by the Defendant was harmful to the victim as dangerous things, and is highly likely to be socially criticized, the Defendant’s

However, a suspended sentence shall be imposed in consideration of the circumstances, such as the fact that the defendant commits a crime against the wrong, that the defendant has no record of punishment other than twice a fine so far, and that he has no record of violence, and that he/she has no record of violence, and the victim shall be prevented from

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