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(영문) 서울남부지방법원 2018.07.20 2018고단2060
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On April 8, 2018, the Defendant: (a) around 14:08, at “C cafeteria” located in Geumcheon-gu Seoul, Geumcheon-gu Seoul Metropolitan Government around 14:08, five in total, including the victim D ( South Korea, 52 years old), who had a work club, and had a fluor’s disease, which is a dangerous object on the table with the victim who had a view to drinking with the victim, caused the victim to cut off one part of the left side of the victim, and caused two traumas where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes on medical records;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not appropriate for the crime of this case to be committed by the victim due to the injury of the victim due to the injury of the defendant, which is a dangerous object, and the degree of the injury suffered by the victim is not minor;

However, the defendant seems to have committed the crime of this case in a purely contingent manner, the damaged person does not want the punishment of the defendant due to a smooth agreement with the victim, and the recent 10 years has no specific criminal history, etc., shall be determined by taking into account the various circumstances shown in the records and trial process of this case, such as the fact that the defendant is likely to have committed the crime of this case.

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