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(영문) 서울남부지방법원 2020.11.25 2020고단3882
특수상해등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 25, 2020, around 17:40 on June 25, 2020, the Defendant drinked alcoholic beverages with Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, along with one-man C, with the victim D and Si expenses, followed the part on the part of the victim, and C sent back the victim's face when the victim drinking the Defendant's face.

After all, the defendant collected beer disease, which is a dangerous object located on the roadside, and caused the victim's hair to tear about about 5 cm.

As a result, the defendant assaulted the victim in cooperation with C, carried dangerous objects, and inflicted an injury on the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D, each protocol of suspect interrogation of the police as to C, and suspect photograph;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal Act (the point of joint assault and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Determination of the sentence as ordered under Article 51 of the Criminal Act, taking into account all the circumstances concerning the sentencing under Article 62(1)(i) of the Criminal Act, including the following conditions, the age, character and conduct, environment, and circumstances after the crime, etc., of the defendant;

D. Unfavorable circumstances: The risk of the act of causing two strings of the victim by getting the head of the victim from beer disease is high and the quality of the crime is not good. favorable circumstances: The recognition of the crime, the attitude of reflecting it, the restoration of and agreement on the damage, the two times punishment by the fine, but there are no records of the same kind of violent crime.

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