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(영문) 서울남부지방법원 2018.10.24 2018고단3070
특수상해
Text

A defendant shall be punished by imprisonment for one year.

except that 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 June 10, 2018, around 03:10 on June 10, 2018, the Defendant inflicted an injury on the victim D in Yangcheon-gu Seoul Metropolitan Government for the treatment days, such as shocking the victim's water level by beer disease, which is a dangerous object on the table of the consignee for the reason that the problem of drinking value was brought about in the E main point.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense (the point of inflicting an injury on a dangerous object);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime of this case is likely to inflict an injury on the victim by getting the defendant to be discharged from beer disease, and the method of the crime is heavy.

It seems that the degree of injury caused by the victim, such as receiving hospitalized treatment, is not easy and the mental shock is also reasonable.

The defendant's mistake is recognized as favorable circumstances.

In the investigation process, the victim paid the agreed amount and agreed with the victim. The victim expressed his/her intention that he/she does not want the punishment for the defendant.

There is no record of criminal punishment exceeding the fine against the defendant.

In full view of the above circumstances, circumstances after committing the crime, and other circumstances, such as the defendant's age, sex, environment, etc., and the conditions for sentencing as shown in the records and arguments of this case, the punishment as ordered shall be determined.

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