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(영문) 서울남부지방법원 2018.06.04 2018고단1327
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2018, at around 20:34, the Defendant: (a) while she was faced with a tool within “C” located in Gangseo-gu Seoul Metropolitan Government, the Defendant reported the victim D (32 years of age) to smoke and resist the situation that the victim D (32 years of age) was in the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the back of the front of the front of the front of the front of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to photographs damaged;

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

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

1. Special injury for the reason of sentencing under Article 62(1) of the Criminal Act is a crime for which the statutory penalty is not less than one year but less than ten years, and the punishment is less less than ten years.

However, the defendant seems to have committed the crime of this case in a manner that is favorable to the defendant, such as the fact that the defendant committed the crime of this case with the victim who smoked in the billiard area, that he agreed with the victim about medical expenses, compensation for damage, that the degree of injury is not severe, that he was punished for a crime related to violence in 2003, but it has long history, and there is no other record of criminal punishment.

As such, the sentencing factors, such as the defendant's unfavorable circumstances, age, sexual conduct, motive, means and consequence of the crime, etc., are determined as ordered by considering the following factors.

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