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(영문) 서울북부지방법원 2017.09.01 2017고단1559
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 February 28, 2017, at the main point of "C" located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul on February 28, 2017, the Defendant: (a) while drinking alcohol together with the victim D (60 taxes) and the victim’s friendship E, the Defendant raised the bubity of the victim by drinking alcohol; (b) Macer’s disease, which is a dangerous thing on the victim’s home, was left at his house; and (c) Macer’s head and left face were assessed once.

In this regard, the Defendant inflicted bodily injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A medical certificate of injury, and photographs of the victim's body therapy;

1. Application of Acts and subordinate statutes, such as beer and photographic photo;

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 to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, including the following facts: (a) the nature of the crime is not weak in light of the form and degree of injury of the crime in this case; (b) the defendant has been punished several times for violent crimes; (c) the defendant confessions and reflects the crime in this case; (d) the defendant appears to have committed the crime in this case in a contingent manner under the influence of alcohol at the time; (e) the repayment to the victim and the smooth agreement was reached; and (e) there was no criminal record after around 207, and the sentencing guidelines were determined as per the Disposition.

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