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(영문) 서울중앙지방법원 2019.02.13 2018고단7762
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2018, the Defendant requested the return of the money erroneously remitted from the victim D (the age of 49) who operated the store in the same building at the store in Seocho-gu Seoul, Seocho-gu, Seoul, and the first floor, around 16:45, the Defendant was in line with the right arms of the victim who was trying to prevent the use of the money.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as the surface of the right part, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as standing photographs and field photographs;

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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act shall be taken into account the accused’s criminal background, method of crime, degree of injury inflicted on the victim, etc., taking into account the fact that the accused has no record of punishment for the crime, and that the accused reflects the crime;

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