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(영문) 서울남부지방법원 2018.08.17 2018고단1403
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a 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 February 14, 2018, at around 01:15, the Defendant, at “D main points” located in Gangseo-gu Seoul Metropolitan Government, sent back the back head of the Victim’s 500CC glass, a dangerous object on the ground that the Victim E (26 tax) and alcohol were able to take part in the Victim E (26 tax) and alcohol.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as undermining the victim's brain injury for less than six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of E;

1. Application of Acts and subordinate statutes to a report on investigation (in-site inspections and CCTV images, etc.);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense (the point of inflicting an injury on a dangerous object);

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

1. Circumstances unfavorable to the sentencing of Article 62-2 of the Social Service Order Act: The crime of this case is likely to inflict bodily injury on the victim's head by glass cup, and the crime of this case is heavy in light of the contents of the crime.

The victim suffered 6 weeks of her attention.

The victim does not want to be punished against the defendant by compensating the victim for damages and by agreement with the victim.

There is no way to impose criminal punishment on the defendant.

Support for the defendant's family members is urgent.

In full view of the aforementioned circumstances and the circumstances leading up to the Defendant to commit the instant crime, the degree of damage, circumstances after the commission of the instant crime, and other circumstances, such as the Defendant’s age, sex, environment, family relationship, etc., and the sentencing conditions as shown in the instant records and arguments, the punishment shall be determined as ordered.

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