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(영문) 서울북부지방법원 2020.02.14 2019고단4397
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 September 5, 2019, at around 23:50, the Defendant inflicted an injury on the victim by clock, which is a dangerous object, in light of the victim’s face face, while drinking alcohol together with the victim’s appearance D(27 years of age) in Dobong-gu Seoul, Dobong-gu, Seoul, on September 5, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A investigative report (report on the closure of CCTV screen at the time of the instant assault) and screen screen with the closure attached thereto;

1. A report on investigation (the report on confirmation of the victim's health status and the intention of punishment, etc. as at the time of the victim) and an accompanying photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to have recognized the crime of this case; (b) the victim wants to take the Defendant’s wife by payment of KRW 35 million; and (c) the victim has no record of previous criminal punishment; and (d) the Defendant used the victim by assaulting the victim with beer World Cup, which is a dangerous object for lack of any particular reason due to the lack of a certain reason while the Defendant was somewhat drunk; and (b) the crime of this case was committed in light of the means and degree of injury; and (c) the Defendant’s age, character and behavior, environment, relationship with the victim, motive and circumstance of the crime, means and consequence of the crime; and (d) the sentence shall be determined as per the order, comprehensively taking into account all the factors of sentencing as shown in the records and the trial process, such as the following circumstances.

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