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(영문) 서울남부지방법원 2018.06.27 2018고단1729
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 became final and conclusive.

Reasons

Punishment of the crime

On March 26, 2018, around 19:12, the Defendant, within the “C” drinking house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu Seoul, (C) and drinking alcohol, was landed once as be the beer’s disease, which is a dangerous object of the victim’s head, while drinking alcohol.

As a result, the Defendant inflicted injury on the victim, such as brain-dead sugar, in which the number of days of treatment can not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. The crime of special injury on the grounds of sentencing under Article 62(1) of the Criminal Act is a crime of which the statutory penalty is not less than one year but less than ten years, and of which the punishment is less than ten years.

The crime of this case is likely to inflict an injury on a victim due to beer's disease without any reason, and there are no circumstances to consider motive.

The accused has been punished for a crime related to violence in 2008 and 2009.

However, the fact that the defendant has no record of punishment in the Republic of Korea except for the previous conviction mentioned above, and that the defendant agreed with the victim is favorable to the defendant.

As such, the sentencing factors, such as the defendant's unfavorable circumstances, age, sexual conduct, motive, means and consequence of the crime, etc., are determined as ordered by considering the following factors.

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