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(영문) 서울북부지방법원 2019.05.08 2018고단3559
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

On February 26, 2018, the Defendant: (a) around 23:25, around C in Gangnam-gu Seoul Metropolitan Government on February 26, 2018, brought a dispute with the victim D (34 years of age) who is a workplace partner and drinking with the company life problems; (b) was suffering from a serious and dangerous thing on his/her table, and went back once the head of the victim.

As a result, the Defendant carried dangerous things with the victim and put up “a dual open room” in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate of injury and a medical certificate;

1. Bodily damaged photo;

1. Application of statutes on on-site CCTV CDs;

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

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

1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and the means of committing the crime, etc., disadvantageous circumstances, such as the fact that the victim is not good in light of the nature of the crime, the fact that the defendant, immediately after committing the crime, was given medical treatment by placing the victim in the taxi in the emergency room, and other favorable circumstances, such as the defendant’s age, relationship with the victim, environment, background of the crime, method and consequence of the crime, degree of injury, and circumstances after committing the crime, etc., the above punishment shall be determined by comprehensively taking into account all the factors of sentencing regarding the instant case, including the defendant

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