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(영문) 서울북부지방법원 2016.10.12 2016고단3384
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

The Defendant, at around 01:20 on July 27, 2016, at the main point of “C” on the 1st underground of Dongdaemun-gu Seoul, Dongdaemun-gu, for the reason that the Defendant attempted to sing in the stage, placed the victim D and Si expenses on the ground that the Defendant attempted to singing out of the said main point, and re-entered the said main point with approximately 1m, width, and approximately 3m, which is a dangerous object that was located far earlier than the said main point, and tried to prevent the victim D (52 years of age) from displaying the said singel, hand, etc. on several occasions, and the Defendant continued to restrain the victim E (48 years of age) from selling it.

As a result, the defendant carried a dangerous elbow with the victim D, who needs approximately two weeks of treatment, and suffered approximately three weeks of treatment to the victim E, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of D and E;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Sentencing Criteria for sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for not more than one year: Imprisonment with prison labor for not more than two years; imprisonment with prison labor for not more than one year; imprisonment with prison labor for not more than two years; and imprisonment with prison labor for not more than 40 hours: A mitigated person: A confession, victim's non-prosecution of punishment; absence of imprisonment without prison labor or heavier punishment power, etc.;

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