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(영문) 서울서부지방법원 2017.08.10 2017고단1276
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

After the withdrawal from high school, the Defendant was between the victim C (18) and the Dong-dong of high school as a person with no certain occupation. The Defendant heard the fact that the victim was not a member of the family of the Pyeongtaek-si, and had a bad appraisal against the victim.

On March 18, 2017, at around 00:00, the Defendant sent the victim a suddenly at “E main points” located in Eunpyeong-gu Seoul Metropolitan Government D, and the Defendant expressed the victim’s desire to read “Ig Hag Hag Hag”, and broken the path’s wall and broken the victim’s victim out of the main point.

The Defendant, “I will die immediately if I am out of the victim.”

“Along with a brick, which is a dangerous object, the victim’s rears the body, and followed by drinking twice the victim’s left face, the victim’s 2 cm amounting to 2 cm in which the number of days of treatment cannot be known to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Application of Acts and subordinate statutes on report of occurrence;

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

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the crime of this case was extremely bad by unilaterally assaulting the victim due to the use of bricks, which are dangerous things, and that the defendant committed the crime of this case even though the protection and observation was conducted from February 1, 2017, all of which were committed six times from 2016 to 2017.

However, the defendant is a juvenile who is against the crime of this case, and the victim and his guardian want the defendant's wife.

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