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(영문) 서울남부지방법원 2018.04.04 2018고단161
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On December 22, 2017, at the main point of "D" located in Guro-gu Seoul Metropolitan Government around 21:20 on December 22, 2017, on the ground that the Defendant, while drinking alcohol together with the victim E (48 tax) and drinking alcohol, was done on the ground that the victim E was aware of the existence of the victim, and the Defendant was inflicted an injury on the victim, such as the victim’s head by gathering 500cc beer residues, which is a dangerous object on the table, and the victim’s head was cut.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer regarding the accused and E;

1. Application of statutes, such as site photographs;

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

1. As to the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, a sentence was imposed in consideration of the following circumstances: (a) the Defendant did not have any other criminal record except a fine; (b) the confession, and is repented; (c) the Defendant’s employment visa period appears to expire on October 11, 2017; (d) the Defendant’s punishment for special injury only provides for a term of imprisonment with labor for not less than one year but not more than ten years; and (e) the Defendant’s age, sex behavior, environment, motive and consequence of the offense; and (e) other circumstances that are the conditions for sentencing indicated in the records

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