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(영문) 서울남부지방법원 2016.07.13 2016고단1857
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2016, the Defendant, at the main point of “C” located in Geumcheon-gu Seoul Metropolitan Government, around April 22:30, 2016, performed drinking together with D, who is a workplace partner, on the ground that the Defendant had provided anti-end and bathed the victim.

In 2 times of the head of the victim with the 500cc beer macy, the victim suffered a diversative typ, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site dispatch reports and photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning 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 form of the instant crime, which committed an injury by the victim’s head due to dangerous things, is very dangerous, and the degree of injury suffered by the victim is not easy. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant’s head is also dangerous.

Defendant has been subject to criminal punishment several times in the past.

However, the punishment shall be determined as per the order in consideration of the fact that the defendant commits a crime by drinking alcohol with the victim who is working together with the victim who is a worker, and that the defendant repents the wrong, that the defendant sought a letter of apology with the truth, that the victim wants to use the defendant's wife, that the social relationship between the defendant and the defendant is clear.

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