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(영문) 서울북부지방법원 2016.09.01 2016고단1802
특수상해
Text

The punishment of the accused shall be eight months by imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2016, the Defendant, at the main point of “D” located in Dongdaemun-gu Seoul, called “D”, kids the female and kids who were drinking together, followed the victim’s head, who was able to receive a claim from the victim E (n, 53 years of age) who was drinking on the side table, and was able to take a dangerous object at the same time (a.e., approximately 1.5 meters of age and 1m of length).

As a result, the defendant carried a person who was in danger of wood, thereby damaging the character of head part in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on images of each photograph;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the point that is not erroneous and the victim's intention not to punish)

1. Article 62 (1) of the Criminal Act (Special Consideration in the preceding sentence);

1. Probation and community service order under Article 62-2 of the Criminal Act. (As the defendant has a large number of records of violent crimes in the past, and considering that such violence crime was an offense committed by alcohol, the risk of re-offending is likely, the probation and community service order for the improvement of character and behavior shall be issued together with the probation;

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