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(영문) 서울서부지방법원 2017.01.13 2016고단1483
특수상해
Text

1. The defendant shall be punished by imprisonment for one year;

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

Reasons

Punishment of the crime

On March 27, 2016, at around 04:30, the Defendant, on the alleyway of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, caused injury to the victim E (the age of 21) who passed the road to mislead the Defendant into her frightening and hinginginging the Defendant, and caused the victim’s disregarding it. However, the Defendant, on the ground that the victim’s hinging of the road was the victim’s hinginger, but the victim’s hinger was the victim’s hinger, which was a dangerous object hinging down one time to walk the victim’s boat, caused the victim’s side head at one time and two back head at two times, and caused the victim to undergo medical treatment for about 14 days, including “the hinger, etc. without open two hings.”

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 with regard to F;

1. G statements;

1. Reports on internal investigation (related to interviews with victims);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

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

2. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the following reasons for sentencing).

3. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders.

1. 불리한 정상: 이 사건 범행은 피고인이 소주병이 깨지도록 피해자의 머리를 여러 차례 가격한 것으로서 그 죄질이 불량하고, 피해자가 뒷머리를 9 바늘, 옆머리를 7-8 바늘 꿰매는 등 중한 상처를 입은 점 등

1. favorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant misleads the defendant, the fact that the defendant is a contingent crime, the fact that the victim paid 7 million won to the victim under the pretext of an agreement, the victim does not want to be punished against the defendant, and the fact that the victim is a primary offender who has no record of crime, etc., the age, sex, environment, relationship to the victim, motive, means and consequence of the crime, etc., and

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