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(영문) 서울남부지방법원 2016.06.29 2016고단1485
특수상해
Text

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

However, the execution of the above 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 March 11, 2016, at around 23:00, the Defendant 502, the mother's mother of the Defendant in Gangseo-gu Seoul Metropolitan Government, Da 502, a male-friendly victim E (19 tax) and drinking alcohol, and the victim did not return the suspect's cell phone, and the victim's face was 4 times in the hand floor, and the beer's disease, a dangerous object, is appropriate for the head of the victim.

As a result, the defendant puts up two parts of the victim in need of medical treatment for an indefinite period.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sexual conduct, family relation, family relation, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the following circumstances.

Unfavorable circumstances: The details of the crime and the method of the crime are not good because the disease of beer, which is a dangerous object, was faced with the head of the victim.

There has been a record of juvenile protection disposition several times by the same crime.

A favorable circumstances: The defendant is fully aware of the crime of this case.

No injured person shall be punished for a defendant.

There is no record of criminal punishment against the defendant.

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