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(영문) 서울남부지방법원 2017.06.27 2016고단4945
특수상해
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2016, around 13:05, the Defendant: (a) on the front way of “C cafeteria” located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul; (b) on the ground that the Plaintiff was drinking as the victim D(49), the Defendant left the head of the victim’s disease on the ground that the victim was bad by disregarding himself/herself; and (c) the victim’s math level 1.5 cm.

As a result, the defendant put the victim into two parts of the body requiring medical treatment for the period of non-commercial life.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements and photographs of D;

1. Application of Acts and subordinate statutes governing certificates of medical records;

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 favorable circumstances):

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

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

1. Consideration, such as the fact that there is no prior record of punishment other than a fine for the reason of sentencing under Article 186(1) of the Criminal Procedure Act, the confession and reflect of the crime, and the fact that it appears to be an contingent crime, etc.

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