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(영문) 서울중앙지방법원 2018.12.05 2018고단6506
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 26, 2018, around 22:50, the Defendant: (a) carried out a dispute with the victim E (48 Sejong) who is a workplace partner; (b) brought an injury on the part of the victim, such as inside walls and the mouths of the victim, which are dangerous objects on the table table; (c) laid off one time the part of the victim’s body, which is a dangerous object on the table table; and (d) carried out one time the part of the head of the victim’s body, which is a dangerous object on the table table, caused injury to the victim for about eight weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An injury diagnosis certificate;

1. Application of statutes on site 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 to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria [Scope of Recommendation] In cases where the basic area (six months to two years), the basic area (including special mitigation) (including serious efforts to recover damage), the punishment of non-members (including serious efforts to recover damage), or considerable damage has been restored / In cases of serious injury (excluding the type of special injury) in accordance with the criteria for sentencing;

2. The defendant's method of committing the crime was dangerous and the victim's injury is serious.

Considering the relationship between the defendant and the victim, the circumstances leading to the instant crime, etc., the fact that the defendant paid 50 million won to the victim and agreed on the criminal case, and that there is no record of criminal punishment.

In addition, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, shall be equally considered and sentenced to the same sentence as the order.

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