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(영문) 서울동부지방법원 2016.05.13 2016고단152
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 October 3, 2015, the Defendant: (a) around 03:30 on October 3, 2015, at the “D main point” located in Gwangjin-gu Seoul Special Metropolitan City, the day when the victim E (21 years old), when the victim E met with his body, went to the victim, was broken off, and was broken off on the wall, and the victim was cut off one stop from the back of the victim, and turned back the victim’s sphere with another hand.

As a result, the defendant carried a shouldered sicker's disease, which is a dangerous object, and inflicted an injury on the victim, such as the impairment of the face that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing victim E-damage photographs, CCTV screen photographs, CCTV screen photographs, and CCTV screen CDs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is due to the Defendant’s softened illness after the Defendant was softened, and the victim’s sofass are very poor in light of its circumstances and methods.

Therefore, even though the defendant should be punished strictly, the order of community service should be added only once, taking into account all the favorable circumstances such as the defendant's age, sex and environment, family relation, motive, means and consequence of the crime, relationship with the victim, circumstance after the crime, etc., that the victim did not want to be punished by the defendant, that there was no record of criminal punishment until the crime of this case was committed (the Seoul Central District Court sentenced a suspended sentence for aiding and abetting, but the defendant did not want to be tried concurrently with the above case) and other favorable circumstances such as the defendant's age, sex and environment, family relation, family relation, victim's relationship, circumstance after the crime, etc.

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