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(영문) 서울동부지방법원 2017.09.28 2017고단1117
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 January 5, 2017, the Defendant: (a) around 20:0, around 20:0, at the Joseon University E- graduate school of the Joseon University in Gwangju, the victim F (27 years) attending the same department as the Defendant was examined by the Defendant to ordinary school students and was not at the examination by the Defendant; (b) on the ground that the Defendant was not at the examination by the Defendant, the Defendant was a dangerous object in the middle line of the Defendant’s vehicle string (76.5cm in length) and was able to take back the back of the victim’s course in the official book.

As a result, the Defendant inflicted an injury on the victim, such as cutting the pelwing to the right shoulder, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes to photograph Aluminium aluminium sets;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant calculated the victim’s head at an Aluminium campground and suffered significant bodily injury; and (b) the Defendant was not agreed with the victim until now, considering the unfavorable circumstances: Provided, That the Defendant’s nature is against the victim; (c) the Defendant bears part of the medical expenses for the victim; and (d) deposited KRW 17 million for the victim; and (e) the first offender is considered as favorable circumstances.

In addition, all the conditions prescribed in Article 51 of the Criminal Act, such as the motive, age, sexual conduct, etc. of the defendant, shall be determined as per the disposition.

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