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(영문) 서울남부지방법원 2018.03.29 2017고단2120
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2017, the Defendant: (a) around 20:10 on May 20, 2017, the Defendant: (b) carried a dangerous object in the E-line operated by the victim D (W, 36 years of age) of Yeongdeungpo-gu Seoul Metropolitan Government, to the victim; (c) loaded a beer, which was a dangerous object, to the victim; (d) caused an injury to the number of days of treatment on the right side of the victim; and (e) caused the gab that was to be caused by the lock that was caused by both bucks of the victim; and (e) caused the injury to the victim, such as the gabbbbbing, where the number of days of treatment cannot be known.

Summary of Evidence

1. Statement made by the witness D in the fourth public trial protocol;

1. Each statement of the witness F, G and H in the five-time public trial records;

1. The written statement of D [The defendant and his defense counsel denied the fact that the defendant was suffering from a beer's disease, but in full view of the witness F, G, and H's testimony, the defendant was suffering from a beer's disease towards the victim, it is recognized that the defendant was suffering from a beer's disease to the victim, considering the purport of witness F, G, and H's testimony as

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. Article 62 (1) of the Criminal Act in the suspension of execution (including the fact that the injured does not want the punishment of the accused);

1. The community service order under Article 62-2 of the Criminal Act;

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