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(영문) 서울중앙지방법원 2019.01.10 2018고단7473
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2018, at around 01:20, the Defendant, within the main point of “C” located in Dongjak-gu Seoul Metropolitan Government on November 14, 2018, was suffering from a disease, which is a dangerous object on the customer’s location, due to the reason that it was unknown while drinking alcohol, such as the victim D (year 56) who is the same workplace partner.

As a result, the defendant carried dangerous articles and caused the victim to have approximately 2 cm of the head in the number of days of treatment to tear.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the scene of damage and photographs of damaged parts;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The scope of recommendations on the grounds of sentencing in Article 62-2 of the Criminal Act on probation and order to attend a lecture [the scope of recommendations] on the grounds of sentencing under Article 62-2 of the Criminal Act; the scope of recommendations [the scope of recommendations] on the grounds of special mitigation (2 to 1 year), minor injuries (2 to 1 year), the special mitigation area (2 to 2 months), the decision on the sentence sentence in cases where the penalty is not imposed (including serious efforts to recover damage), or considerable damage has been recovered; the decision on the sentence sentence - the decision on the sentence that is disadvantageous: inferior conditions of the crime in light of the nature of the crime, the existence of the same kind of punishment force - serious reflectivity, minor injuries, the existence of favorable punishment force - Other factors: the defendant

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