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(영문) 서울중앙지방법원 2018.06.19 2017고단8556
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 19:05 on September 27, 2017, on the ground that the victim E (59 years old) was at a “D” restaurant located in Jung-gu Seoul Metropolitan Government, Seoul, on the ground that the victim E (59 years old) went half, the Defendant laid down the part of the victim’s processed glass once due to the scrap plate, which is a dangerous object, and caused the victim to tear at 5 centimeters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A damaged photograph;

1. Application of investigation reports (verification of the degree of damage inflicted upon victims E) Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do124, Jan. 1, 2011>

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: Circumstances that may cause danger to the life of the victim in light of the degree of damage, the types of tools and the intensity of shooting, etc., and favorable circumstances, such as the fact that the defendant has been punished for the same kind of violent crime: The time of committing the crime, the fact that the defendant is in contravention of the law, and that there is an agreement with the victim;

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