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(영문) 서울북부지방법원 2017.12.22 2017고합344
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 5, 2017, around 19:35, the Defendant, at the main point of “D” located on the first floor of the Seoul Special Metropolitan City, Nowon-gu apartment shop, Seoul, about the issue of divorce between the victim E (35 years of age) and the defendant while drinking, had a dispute about the divorce of the defendant, and had the desire to hear the desire from the damaged person, and had the head of the victim one time, which is a dangerous object on his/her customer, put about two weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written statement;

1. On-site photographs of the main office, photographs of victims and on-site photographs immediately after an accident;

1. Investigation report (person G telephone conversations with him);

1. The part and degree of injury as indicated in the judgment: The application of the medical certificate of injury and the Acts and subordinate statutes on the Ethic photo of injury;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The gist of the allegation is that the defendant has not inflicted an injury on the victim by getting the victim's head from the illness.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the court may acknowledge the fact that the Defendant inflicted an injury on the victim by making the victim’s head due to his/her illness.

Therefore, the defendant and his defense counsel cannot be accepted.

① The victim stated consistently in the investigative agency and this court that the Defendant brought the victim’s own illness and brought the victim’s head.

② At the time of committing the instant crime, only the Defendant and the victim were the only victim, and the Defendant did not appear to have inflicted self-harm or exceeded the floor.

statement;

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