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(영문) 서울서부지방법원 2020.12.02 2020고단3415
특수상해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:10 on September 6, 2020, the Defendant inflicted on the victim B (59 years of age) on the street in front of the park with a joint signature of Eunpyeong-gu Seoul Metropolitan Government, and on the ground that the victim B (59 years of age) fright in the park and rash himself, the Defendant inflicted on the left side of the victim with a stone stick (ro 9cm, 7cm in length) which is a dangerous object on the street in the park, and inflicted on the victim’s left side by assaulting the victim such as floth, floth, and floth, and floth, thereby causing injury on the left side of the flost, etc. requiring medical treatment for about 14 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on investigation (a CCTV reading for crime prevention);

1. A copy of an injury diagnosis letter;

1. Application of each statute on photographs;

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 discretionary mitigation;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (negative) is recognized and reflected in the suspended sentence.

The agreement was reached with the victim.

No person shall have the history of criminal punishment, except for fines imposed twice prior to 20 years.

【Unfavorable circumstances】 The method of crime was very dangerous to commit the crime by using violence, such as unloading the part of the victim’s snow.

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