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(영문) 서울동부지방법원 2018.01.25 2017고단2580
특수상해등
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

1. On April 1, 2017, the Defendant: (a) around 02:40, at the E-Sa site shop operated by the victim D (Woo, 44 years old) located in Songpa-gu Seoul, Songpa-gu C and the branch; and (b) at the victim’s end-to-end shop shop, “the victim’s horse to smoke in the inside,” the victim’s horse was hackhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2. At the above time and place, the Defendant: (a) inflicted an injury on the victim F (52 Does) with the victim’s arms; (b) the victim’s chest part of his chest part; and (c) with string-type tree clothes (150cm in length) with dangerous objects, the victim’s shoulders and legs part of the victim’s shoulder and bridge part; and (d) caused an injury to the victim, such as the victim’s chring, chrings, and tensions that require approximately three weeks of treatment.

3. The Defendant damaged property at the above time and place, where the victim D owned a 4 room, where one straw, and one ves of clothes, were collected.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. On-site photographs and photographs of the victim's upper body;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (Inflicting, Imprisonment with prison labor), Articles 258-2 (1), 257 (1), and 366 of the Criminal Act concerning 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. Article 53 and Article 55 (1) 3 of the Criminal Act (no person shall be punished by imprisonment or any heavier punishment; any contingent crime);

1. Article 62(1) of the Criminal Act on the stay of execution ( considered as above);

1. Protective observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.

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