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(영문) 서울동부지방법원 2016.06.08 2016고단1244
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 May 4, 2016, at around 08:40, the Defendant, at the main point of “C” located in Gangdong-gu Seoul Metropolitan Government, brought a dispute with the victim D (33 s) and the main point of operation. B, the Defendant, at around 08:40 on May 4, 2016, brought the victim’s face at the beer fright, which is a dangerous article on the table of the above main point. In addition, the Defendant, at the time of the beer fright, was unable to identify the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to photographs, such as damage;

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (such as the fact that there is no record of being in excess of the fine, the confession and depth of the crime of this case, the fact that the injured person was assaulted first and committed contingently, and that the injured person first agreed with the injured person, and that the injured person wanted to have his wife against the accused;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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