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(영문) 서울남부지방법원 2016.11.09 2016고단3076
특수상해
Text

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

except that 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 May 2, 2016, at around 00:30 on May 2, 2016, at C funeral hall located in Gangseo-gu Seoul Metropolitan Government, the Defendant left the front part of the victim’s head one time with the click (350ml) which is a dangerous object on the clicker, while drinking the victim D and alcohol, which is a high school ward, and having been in dispute with the clicker, and led the victim to the second click in which the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports and photographs of domestic violence scene dispatch;

1. Application of Acts and subordinate statutes on photographs;

1. The prosecutor under Articles 258-2(1) and 257(1) of the relevant Act concerning criminal facts was prosecuted by applying Article 258-2(2) of the Criminal Act, which appears to be erroneous in light of the facts charged, but it appears to be erroneous in light of the facts charged, and even if the statutory penalty is changed to Articles 258-2(1) and 257(1) of the Criminal Act with lower statutory penalty, it cannot be deemed that the applicable provisions of this Act would be at a disadvantage to the defendant’s right to defend. Thus

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria are not set for special injury or injury by applying the sentencing criteria;

2. 선고형의 결정 이 사건 범행과 같이 소주병으로 머리를 내리치는 행위는 자칫 매우 중한 상해를 가할 수도 있는 위험한 행위이고, 실제로 피해자가 22바늘을 꿰매는 두피열상을 입은 점에 비추어 그 죄질이 결코 가볍지 않다.

However, the sentencing conditions shown in records and arguments shall be determined in the same manner as the order is comprehensively taken into account the fact that the defendant makes a confession of mistake and reflects, that the victim does not want the punishment of the defendant, that there is no previous record of punishment for violent crime, that there is no criminal record of suspension of execution

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