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(영문) 서울중앙지방법원 2020.09.09 2020고단2116
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 23, 2019, the defendant around 05:30 on November 23, 2019, at the "C" of a club located in Gangnam-gu Seoul Metropolitan Government, the victim D (at the age of 29) had a shampoo and shamper who was in danger of dancing with his own male-gu, and had a face that needs to be treated for about two weeks, such as tearing the left part of the victim's eye, while facing the victim's face.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D, E’s legal statement F, and a written statement prepared G;

1. Application of Acts and subordinate statutes to medical reports on internal accidents (the Kakakakao and text messages dialogue), Kakakaoo and text messages, investigation reports (victim D damaged photographs), and diagnostic reports, such as the injured part;

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

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is the primary offender with no criminal history) is a bad in light of the content of the act, the risk of damage, the degree of injury, and the degree of injury.

The victim seems to have suffered mental suffering from the instant case until now, and it is expected that the victim will suffer double suffering due to the expected long-term medical treatment of the victim.

Nevertheless, the defendant is only able to deny the crime, and the circumstances after the crime are not good.

The defendant did not have been able to agree with the victim because he did not have been able to properly assist the victim, and the victim wanted to punish the defendant.

In addition, all the sentencing factors of this case, such as the defendant's age, environment, and circumstances before and after the crime, shall be determined as above.

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