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(영문) 서울북부지방법원 2016.11.10 2016고단3419
특수상해
Text

A defendant shall be punished by imprisonment for six 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 23:30 on April 17, 2016, the Defendant, while drinking alcohol in a “Ccafeteria” restaurant located in Gangnam-gu Seoul Metropolitan Government, was running trial expenses on the ground that the Do (the age of 56) of the victim D (the other customer), who is another customer, was slick, was slicked, and the Defendant slicked the victim’s head part once with the snick, which is a dangerous object on the table of the table.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the defendant as to E and D

1. Each police suspect interrogation protocol of E or D;

1. Each statement of E and D;

1. A written diagnosis of injury;

1. 쇠ed fish sed in the field;

1. Application of suspect D-related Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant committed a crime against himself/herself when in this court the crime was divided and reflected, the agreement in which the source of punishment of the victim was written prior to the prosecution was submitted, and the defendant has no record of criminal punishment after being sentenced to a suspended sentence of one year in April 2004 due to the crime of the Punishment of Violences, etc. Act (at night). Unfavorable circumstances such as the fact that there was no record of criminal punishment after being sentenced to a suspended sentence of one year in April 204: the circumstances leading to the crime of this case; the situation leading up to the crime of this case; the concern leading the defendant to the crime, the risk of attempted the victim, the damage to the victim, the circumstances after

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