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(영문) 서울동부지방법원 2018.11.02 2018고단3064
특수상해
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

On August 9, 2018, around 06:00, the Defendant reported that the victim D (44 tax) laid waste in front of his own house, and caused dispute with the victim and the Siban disease, which is a dangerous thing, caused the victim to put the head of the victim on the head of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. The scene of the crime, the instrument of the crime, and the photograph of the victim's injury (the list Nos. 4);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act / [favorable circumstances] The crime of this case is a case where the head of the victim was injured by the injury of the victim one time due to the injury caused by the victim's main illness, which is a dangerous thing of the defendant. [ favorable circumstances] The victim's mistake is recognized, and the victim has committed a dispute with the victim's head before the defendant's house, and it seems that the victim caused the occurrence of the crime of this case by the victim's head, and the victim caused the occurrence of the crime of this case. Thus, the victim and the victim did not want the punishment against the defendant, and there was no evidence of criminal punishment exceeding the fine during which the victim did not want the punishment against the defendant. It is determined by comprehensively taking into account the records and changes in the order of this case, such as the defendant's age, sex, motive and circumstance of the crime, the method and result of the crime, the method and result of the crime, etc.

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