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(영문) 서울동부지방법원 2016.10.06 2016고단1368
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 8, 2016, at around 18:50, the Defendant, at the room of C, which is located in B and the first floor in Gwangjin-gu in Seoul Special Metropolitan City, provided one empty bottle, which is a dangerous object from the victim, on the ground that “the victim was able to grow self-esteem” and talked with “the victim was able to feel self-esteem.” On the other hand, the Defendant inflicted an injury on the victim’s face, such as clshed and lshed, in which the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes to damaged photographs and spawn photographs;

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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime in the same manner, even though he/she was punished by imprisonment for one year and six months, and two years of suspended execution due to the crime of making his/her head from beer disease in 2013.

The victim has not been punished for the defendant.

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