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(영문) 서울중앙지방법원 2020.09.21 2020고단5934
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

On July 1, 2020, the Defendant, at around 00:40 on July 1, 2020, served as meals at Victim E (Nam and 63 years of age) and meetings in Jung-gu Seoul, Jung-gu, Seoul, and underground ChD, was the main of the victim, which is a dangerous object under the influence of sudden alcohol, and was inflicted an injury on the victim, such as two diagnosis and injury in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative reports (to hear statements from victims);

1. Application of each statute on photographs;

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 for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order is against the Defendant’s confession of the instant crime under Article 62-2(1) of the same Act, the Defendant committed the instant crime by contingency under the influence of alcohol, the victim does not want the Defendant’s punishment, and the Defendant committed the instant crime even though he had been tried for the same kind of crime at several times. In addition, the Defendant’s personality and behavior and environment, motive, means and consequence of the instant crime, circumstances after the crime, and criminal records, etc. shall be determined by taking full account of all the factors revealed in

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