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(영문) 서울남부지방법원 2016.10.20 2016고단3333
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 21, 2015, at around 02:40, the Defendant: (a) committed a dispute with respect to public performance promoted with the victim E (the age of 51) at Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and (b) brought about an injury to the victim, such as golf loans, which are dangerous objects that the victim had previously possessed, as it threatens the victim; and (b) when considering the victim’s necks with the above golf loans, the Defendant did not put the victim into the said golf loans for about six (6) weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Fact-finding certificates with respect to the preparation of the F;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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. Article 62 (1) of the Criminal Act;

1. Circumstances that are favorable to the reasons of sentencing under Article 62-2 of the Social Service Order Criminal Act: Agreement with the victim: the fact that there is no previous conviction after around 2004: The degree of injury is not less severe, and there are records of having been sentenced to punishment by the same kind of crime and the same crime;

A. All other circumstances, such as the motive, means, and consequence of the crime, the circumstances after the crime, the relationship with the victim, etc.

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