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(영문) 서울남부지방법원 2017.08.10 2017고단2086
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2015, at around 02:00, the Defendant applied for singing first at the main point of “D” located in the third floor of the Gangseo-gu Seoul Metropolitan Government C building, but the Defendant’s work became a scam and scambling due to the Defendant’s singing, and scambling the victim’s becker, and the Defendant was a knife with a shoulderer, which is a dangerous object, caused the victim to put the part of the victim’s knife and put the victim’s knife in need of treatment for a period of 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement;

1. On-site 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. 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 among the reasons for sentencing)

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

1. The following facts are the circumstances unfavorable to the Defendant: (a) there was a possibility of causing fatal damage by committing an attack against a shoulderer with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; and (b) the fact that no agreement has been reached with the victim.

However, there are favorable circumstances such as the fact that the crime of this case leads to contingent crimes, the degree of damage is relatively minor, the fact that there is no history of punishment more than a suspended sentence, the family's livelihood is responsible for the livelihood and is engaged in the occupation.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the age and occupation of the accused, the accused is sentenced to imprisonment with prison labor, but the execution of the sentence is suspended on condition of community service.

It is so decided as per Disposition for the above reasons.

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