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(영문) 서울서부지방법원 2016.07.01 2016고단967
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2016, at around 08:10, the Defendant, at the “C” drinking house located in Yongsan-gu Seoul Metropolitan Government, inflicted injury on the victim D (35 years) due to each main disease, which is a dangerous object on the customer at the location of the head of the victim one time, and caused the victim to tear the head of the victim and the number of days of treatment softened.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Investigation report (related to a written diagnosis of injury inflicted on a victim);

1. Application of the Acts and subordinate statutes to photographs of both owners of household effects, and photographs of victims;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small amount (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. The community service order under Article 62-2 of the Criminal Act;

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