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(영문) 서울중앙지방법원 2017.04.14 2016고단9074
특수상해
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2016, around 23:45, the Defendant: (a) while drinking mixed alcohol at the heading house of “D” located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant, without any particular reason, sent the victim E (49 years of age) to the crop, who drinks alcohol together with this day, without any specific reason; (b) sent the victim two times to the beer, which is a dangerous object; and (c) sent the victim’s face to the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Entry into a protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

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 Reduction of Quantity (including the fact that the defendant has committed a somewhat contingent crime under the influence of alcohol, the confession of the crime, the degree of injury to the victim is not severe, etc.);

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

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

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