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(영문) 서울남부지방법원 2019.07.17 2019고단2663
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 6, 2019, the Defendant, within Chop located in Yeongdeungpo-gu Seoul Metropolitan Government on February 19, 2019, performed drinking together with the victim D (the age of 49) on the part of the Defendant, and the Defendant, while drinking alcohol with the victim D, got off the head part of the victim, which is a dangerous thing that the victim was sleeped, once, and got off the part of the victim's head at one time, and caused the victim's injury to the head cover open for three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) the background and content of the crime; (b) the risk of the commission of the crime; (c) the degree of damage; (d) the victim does not want the punishment; and (e) the victim does not want the punishment by agreement with the victim; (c) the victim does not have any special criminal records other than a fine of small amount due to damage and damage to property while staying in Korea for a period of five years; and (d) the situation favorable or unfavorable to the defendant expressed in the pleadings, such as the

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