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(영문) 서울북부지방법원 2016.11.25 2016고단4448
특수상해
Text

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

except that 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 September 15, 2016, at around 23:35, the Defendant: (a) was in the Dongdaemun-gu Seoul Metropolitan Government, “C” restaurant, and (b) was in drinking together with the victim D(43 years of age) on the ground that he had shown the attitude of the victim to admonish himself; (b) requested the victim to see the victim on the ground that he tried to admonish himself; and (c) then, the Defendant was able to gather soldiers from the restaurant and put the disease out of the restaurant, and caused the disease by putting him at the entrance of the above restaurant.

The Defendant continued to remove the victim's back from the above restaurant, and caused the victim's back water, math, left eye, left luminous body, right luminous bones, hand floor, etc., and caused the victim to teared, thereby making it impossible for the victim to know the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of CCTV Acts and subordinate statutes;

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. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (Scope of Recommendation) is the case where a person commits a crime by carrying the basic sphere (special mitigation) (4 to 1 year and 6 months) of types 1 (special mitigation) (a person under special mitigation) / deadly weapons and other dangerous articles (a decision on a sentence of sentence] the victim does not want the punishment of the defendant, the defendant reflects wrong facts, the circumstances leading up to the crime, the criminal records and living relations of the defendant, etc. shall be determined as the same as the order.

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