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(영문) 서울남부지방법원 2016.05.13 2016고단598
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a death penalty with victim D(54).

On November 22, 2015, the Defendant: (a) laid the proposal from the Defendant’s cemetery, which was put in place at the Defendant’s cemetery located in Gosung-gun E around 12:40 on November 22, 2015; (b) brought about the improvement, which is a dangerous object in the state of drinking with a large number of alcohols due to the support for the son of ordinary parents; (c) brought about the improvement to the victim; (d) brought about the victim’s improvement to the victim’s items; and (e) brought about the two parts requiring treatment for about 10 days to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Emergency medical records and medical certificates;

1. Investigation report (the application of Acts and subordinate statutes to the I relative verification of H hospital doctor);

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The sentencing guidelines do not apply to special injury on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, since the sentencing guidelines are not set.

The improvement, which is a dangerous object, is a very dangerous act that may cause serious injury to the victim, and the fact that the defendant has been sentenced four times to a fine for violent crime is a disadvantageous condition to the defendant.

However, the defendant reflects his mistake in depth, and the defendant committed the crime of this case in a contingent manner in order to unsatisfy the victim's intention while he had a mind to unsatisfy as a matter of support for the son's parents, and the degree of injury suffered by the victim (up to about 0.5 cm) is not relatively more severe, and the degree of injury suffered by the victim (up to 0.5 cm) is not relatively more severe.

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