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(영문) 서울중앙지방법원 2016.09.22 2016고단5332
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2016, the defendant around 22:20 on June 29, 2016, in Jongno-gu Seoul Metropolitan Government, the victim D (34 34 ) and the defendant's behavior in Jongno-gu, Seoul, were in dispute, and the defendant continued to engage in a dispute, but the defendant, which is a dangerous object, caused the damage to the third party, caused the damage to the third party's remains above the tables that he was seated, and caused the damage to the third party on the part of the victim's face, and caused the damage to the third party on the part of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (related to attachment of photographs of parts damaged by a victim);

1. Application of statutes on site photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is that the act of causing bodily injury to the victim is not somewhat weak, and the degree of injury suffered by the victim is also minor;

It is an unfavorable circumstance to the defendant that cannot be seen.

However, the facts that the defendant reflects the mistake, that the victim paid 1.5 million won to the victim immediately after the crime, that there was no previous conviction, that there was no previous conviction, and that the disabled in the third degree of the delay is supporting the old-age of the disabled, can be considered as favorable circumstances.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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