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(영문) 서울남부지방법원 2017.01.18 2016고단5025
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 September 4, 2016, at around 03:45, the Defendant: (a) faced the body of the Defendant with C and the non-existence of his name, who is the subject of the Defendant’s death village in Yeongdeungpo-gu Seoul, and was in dispute with C, the victim D, who was next to the Defendant, was aware that C had expressed a bath to C; and (b) got off the victim D’s body one time as the plastic will of Pakistan, he was aware that he had taken a bath to C.

The defendant gets the knife of the victim and the knife of the defendant with the knife of the victim and the knife of the benife of the benife of the benife of the defendant and the benife of the benife of the benife of the near the benife of the benife,

The Defendant continued to fight E with a shoulderer who cited the victim E who fighted in the place of fighting as the one of the victims D, leading to the face of the victim E once.

As a result, the defendant set the body part with which the number of days of treatment can not be known to the victim D, and the body part with which the victim E cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused or D by the prosecution;

1. Each police statement protocol with respect to E and C;

1. Application of the Acts and subordinate statutes of photograph (E) and photograph (D's upper part);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant's act of causing bodily injury to the victims is very dangerous, and the degree of injury actually suffered by the victims is considerable.

However, the fact that the defendant made a confession of his mistake and reflects against himself, that the victims agreed smoothly, that the suspension of indictment was written for violent crimes in 2010, but there is no record of criminal punishment, and that there is no other conditions of sentencing as shown in the records and changes.

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