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(영문) 서울북부지방법원 2018.05.11 2017고단5434
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 15, 2017, Defendant A around 21:10, the Defendant left the right side side in front of the Seoul Southernbuk-gu, Seoul, with a view to visual expenses, and with the victim B (44 years old) and snow boomed, the Defendant left the front side of the Seoul Northern-gu, and brought about about about three weeks of treatment to the victim, while he gladled with a dangerous object at a nearby restaurant.

2. Defendant B, at the time, at the time, at the place specified in paragraph (1) and at the same time, violated the victim A (47 years)’s violent acts, and caused the victim to suffer injury by drinking and saliva, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. A criminal investigation report (Submission of a suspect B injury diagnosis report), investigation report (Submission of a suspect A diagnosis report), and investigation report (CCTV investigation);

1. Application of the Acts and subordinate statutes to photographs taken by police officers in mobilization, and photographs damaged by B;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 258-2(1) of the Criminal Act, Article 257(1) of the Criminal Act

B. Defendant B: Article 257(1) of the Criminal Act (the choice of imprisonment)

1. Defendant A to be mitigated of a small amount: The sentencing conditions specified in Article 51 of the Criminal Act, which are recorded in the records, on the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing), shall be determined as ordered by taking into account all of the sentencing conditions specified in Article 51 of the Criminal Act.

Defendant

A: The crime is very bad in the nature of the crime of causing excessive injury to the victim and causing injury to the victim; the defendant has four criminal records of a fine due to violent crimes; the defendant has not made full efforts to recover damage; the defendant reflects his fault in depth; the defendant has no criminal records of the defendant; the defendant B has no criminal records of the defendant: the victim has been injured to the victim in the course of taking excessive back of the city expenses and opposing against the defendant. However, there are some circumstances to consider it.

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