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(영문) 서울남부지방법원 2018.12.19 2018고단3912
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 25, 2018, the Defendant: (a) around 20:55 on July 25, 2018, at the front package of the branch office in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul Bank, etc., the Defendant 240 of the war, followed the beer’s disease, which is a dangerous object on the table of the victim B (54) and talk, while making a talk with the victim B (54).

As a result, the Defendant carried dangerous things and inflicted a tear on the number of days of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A damaged photograph;

1. Application of Acts and subordinate statutes on the report of internal accidents;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: A special injury crime is a crime in which the statutory penalty is not less than one year but less than ten years, and the criminal liability is not less complicated.

Although the Defendant was punished seven times (one-time imprisonment and six-time fine) for violent crimes, he re-offending.

The favorable circumstances: the defendant recognized the error and reflects it.

The degree of injury is not severe, and the victim does not want the punishment of the defendant.

As above, the Defendant’s punishment as ordered shall be determined by comprehensively taking account of the circumstances unfavorable to the Defendant, such as the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., and the sentencing conditions

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