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(영문) 서울서부지방법원 2017.10.18 2017고단2110
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 12, 2014, the Defendant was sentenced to six months of imprisonment with prison labor by the Seoul Western District Court, and completed the execution of the sentence in the Seoul Southern District Court on April 30, 2015.

around 23:20 on May 10, 2017, the Defendant, while drinking together with the E-cafeteria operated by Eunpyeong-gu Seoul Metropolitan Government Victim D (Inn, 52 years of age), was able to attract the victim's head head to the floor and put the victim on the floor, booming the victim's head, booming the victim's head head, and booming another victim's head on the part of the victim's ship, booming the victim's head, and booming the part of the victim's head, which is a dangerous object in the surrounding area, and continued to get the victim's head into the part of the victim's head.

As a result, the defendant carried dangerous articles and put a head, where the number of days of treatment can not be known, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of entry into the records of emergency medical services);

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes concerning investigation reports (prior convictions and related judgments);

1. Relevant Article 258-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Amount of Punishment is that the defendant has a lot of records on the reason of sentencing, and the defendant is not able to do so during the period of repeated crime, and that the defendant is a criminal offender and is highly likely to get the head due to a minor soldier.

However, considering the favorable circumstances, such as the fact that the defendant recognized the crime in this court, the fact that the injured party does not want the punishment of the defendant due to the payment of medical expenses to the victim immediately after the case, and the fact that the victim's failure to perform his/her obligations is disputed, the defendant's age, sex, environment, motive for the crime, and circumstances after the crime are considered.

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