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(영문) 서울남부지방법원 2017.09.07 2016고단3402
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

While the Defendant was working at the site of an apartment in astronomical site, the Defendant thought that the victim E (37 years of age) who was working at the team under his/her management was unable to receive wages due to his/her retirement and that he/she did not work for others. Around November 13, 2015, the Defendant sent the victim a complaint with F and one-person G to that end. On November 13, 2015, the Defendant reported the victim, around the Seo-gu 51, the Defendant sent the victim to her face, head, etc. of the victim at a time when he/she reaches the victim’s face and head, etc., and in combination, F was able to take the victim’s face and head, etc. due to drinking and drinking, and the victim’s face and drinking.

As a result, the Defendant committed violence to the victim by carrying dangerous things jointly with F and one life G, and committed an act of assaulting the victim about 21 days of medical treatment, such as an alley complex breath, cerebral dynasium, cerebral dysium, internal dynasium, and upper net heat.

Summary of Evidence

1. Statement in the protocol of examination of witness to E of this court;

1. Statement made by the police with H;

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

1. It is inevitable to strictly punish a crime in light of the following: (a) the fact that the crime was committed with respect to the crime committed under Articles 258-2(1), 257(1), and 30 of the Criminal Act is serious damage caused by the crime for the reason of sentencing; and (b) the fact that the compensation for damage was not made.

In addition, the sentence was determined by comprehensively taking into account the following factors: the defendant's age, sex, circumstances after the crime, family relations, and various sentencing conditions shown in the theory of change.

It is so decided as per Disposition for the above reasons.

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