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(영문) 서울남부지방법원 2018.07.25 2018고단674
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

Punishment of the crime

On December 23, 2017, around 06:40 on December 23, 2017, the Defendant took a dispute with the victim E (24), F (24 years of age), and F (24 years of age) on the ground that the victim’s behavior while drinking together with his or her behavior while drinking together, and led the victim F and his or her body fighting.

During that process, the Defendant was taking the responsibility of the victims for the above dispute to himself, and collected the main disease, which is a dangerous object on the table table for the victim E, and faced with the face of the victim E. In addition, the Defendant collected the main disease, which is a dangerous object on the table table for the victim F, and faced with the head of the victim F.

As a result, the Defendant put the victim E with a frecing fresh mar, which requires treatment for about 14 days, and put the victim F with a head cover covering about 14 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Each injury diagnosis letter to E and F;

1. Investigation report (to attach photographs of damaged body to the injured party) and photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image investigation);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense (a point of harm to carry dangerous articles);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 highly likely to commit the crime as the defendant committed two times the main illness and inflicted bodily injury on the victims.

The victims have a strong degree of damage caused by their face and head.

The victims have not recovered from mental damage caused by the crime of this case, and the victims have been punished for the defendant.

When considering the above unfavorable circumstances.

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