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(영문) 서울서부지방법원 2019.10.02 2019고단2076
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 9, 2019, at around 03:50, the Defendant: (a) obstructed with men whose name cannot be known at the Yongsan-gu Seoul Metropolitan Government building B and the third floor C club (hereinafter referred to as “sicker”); (b) obstructed the beer’s disease by taking the head of the sicker with the beer’s disease carried; and (c) filled with the beer’s beer’s disease, which is a dangerous object of the victim D (24 years old) who is a security personnel of the Defendant and the sicker; (d) immediately left hand, etc. distributed to the victim about eight weeks of medical treatment; and (e) inflicted injury on the part of the victim, such as cutting off the 3 new dys of the 7th unit, by distributing it to the left-hand side of the victim for about eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Second suspect examination protocol of the accused (including the parts of statements D and E) by the prosecution;

1. Each prosecutor's statement concerning D and E;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. In light of the reasons for sentencing under Article 62(1) of the Criminal Act and the background, method, etc. of the instant crime, it is not good that the crime is committed, and the degree of injury to the victim is not weak.

However, the sentencing conditions shown in the records and arguments of this case, such as the defendant's time to commit a crime, the victim does not want the punishment of the defendant by mutual consent with the victim, and the defendant's age, character and conduct, environment, motive, means and result of the crime, etc., shall be determined as ordered by considering the following factors.

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