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(영문) 서울중앙지방법원 2018.03.14 2017고단7446
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 August 27, 2017, at around 00:10, the Defendant drinked with the victim E (43 taxes) in front of the “D main store” located in Jung-gu Seoul Metropolitan Government, and took the victim’s face and body by drinking and sprinking with the victim’s vision, and then, the damaged party was injured by the victim, by gathering the waste from the victim’s face to the victim’s face, by gathering the waste from the victim’s face to the victim’s face, making the victim leep in the vicinity of the victim’s left eye, making the victim’s right eyebrow knife flife flife flick.

Summary of Evidence

1. Statement by the defendant in court;

1. A investigation report (on-site CCTV image reading);

1. Investigation report (related to the degree of damage inflicted upon victims E);

1. Sovereign photographs;

1. Application of Acts and subordinate statutes to photographs of victims;

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. The crime of this case with reason for sentencing under Article 62(1) of the Criminal Act of suspended execution is a dangerous thing taken by the defendant in the face of the victim, and thus, the crime is not good;

However, there are extenuating circumstances, such as the fact that the defendant seems to be against the defendant while recognizing the crime, the fact that there is no particular criminal history, and the fact that the victim agreed with the victim, except three times prior criminal records of different types of punishment.

Therefore, the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are considered, and the sentence like the order is determined by comprehensively taking account of all the conditions of sentencing as shown in the instant argument.

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