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(영문) 서울남부지방법원 2019.01.31 2018고단6292
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On October 21, 2018, the Defendant: (a) around 02:40 on October 21, 2018, the victim C (the age of 27) working for the victim C (the age of 27) in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) however, the victim was denied by the victim; and (c) a female who was a guest in the said singing practice room was only the Defendant’s side, saying, the Defendant said the victim said that “the low female would not have a baby,” and said horses led to physical fighting with the said female’s behaviors.

In the above process, the Defendant got beyond the above floor of the singing practice room, faced glass with the food bed, and the victim demanded compensation from the Defendant, and then taken away the alterer’s disease, which is a dangerous object in the air conditioners in the air conditioners adjacent to the said place, and then throw away the bed away from the floor, and caused injury to the victim by taking the part of the victim’s left head due to the shouldering water disease, making the victim tear the left head of the unclaimed head on the number of days of treatment to the extent of 10m.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, Defendant C, and F;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes to the victim C of his/her damaged body photograph, shoulder glass photograph, proof-proof proof photo of a shouldered head, and tearing head photo of the victim C;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act (limited to imprisonment with prison labor in a legal form) concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the sentencing criteria (Scope of recommendations) [Article 1-type (4-1 year), the mitigation area (including special mitigation), the penalty not (including serious efforts to recover damage), or considerable part of damage has been recovered;

1. Details and means of the crime, the degree of damage, the circumstances in which the crime was committed, and the defendant who committed the crime;

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