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(영문) 서울중앙지방법원 2017.09.06 2017고단5253
특수상해
Text

A defendant shall be punished by imprisonment for 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

The Defendant is a “B” restaurant theater, and the victim C(32) is an employee of the said restaurant.

On July 11, 2017, at around 15:40, the Defendant, at one restaurant located in the “B” D Building located in Jung-gu Seoul Metropolitan Government, had the victim take a bath for the victim due to a sudden dispute with the victim due to business issues.

Accordingly, the victim's desire is why you want, and the defendant suffered injury to the number of days of treatment, such as metal material breath (21cc in total) which is a dangerous object on the table, which is a dangerous object on the table of the table, 21cc in total length, 21cc in total length, age card (23cc in total length, 10.5cm in length in knife) toward the victim's head, and the victim suffered injury to the victim's left head.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to C;

1. On-site photographs, photographs of the suspect, such as the color knife;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 258-2 (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. The grounds for sentencing under Article 62(1) of the Criminal Act are primary offenders, the victim is not subject to punishment due to an agreement with the victim, and other various sentencing conditions shall be determined as the same as the order in consideration of the overall sentencing conditions.

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