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(영문) 서울북부지방법원 2018.06.28 2018고단1014
특수상해
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

On January 31, 2018, at around 10:25, the Defendant was working for the Defendant in Gangnam-gu Seoul Metropolitan Government, and at the disaster prevention room for the first floor underground floor, the Defendant was in dispute with the victim D (31) who was working for the same workplace, and was in a place where the Defendant was in dispute with the victim D(31) who was in a dangerous thing at which he was in dispute, and was placed toward the chest part of the victim’s chest.

In addition, the part of the victim's head was collected by putting about 34cm in length, which is another dangerous object.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim, such as the right-hand heat, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on photographs stamped;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Within the range of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, the range of the punishment [the scope of the punishment [the persons who are subject to special mitigation] shall not be subject to punishment in the mitigated area (one year and June - two months) (one year and six months), one type of habitual injury, repeated injury, and special injury (the habitual injury, repeated injury, and special injury).

2. Determination of sentence: Determination of sentence: In the case of 8 months of imprisonment and 2 years of suspended sentence, the case is one of the crimes at which the victim's head was at prices; however, the defendant is recognized and reflected in the crime; the victim does not want the punishment; the victim is the first offender; there is no serious injury; the defendant's age, sexual behavior, occupation, motive and means of the crime; and the sentencing conditions, such as the circumstances after the crime, shall be determined as ordered by the order.

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