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(영문) 서울북부지방법원 2016.07.06 2016고단1996
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Around 06:00 on March 3, 2016, the Defendant, while drinking alcohol at the residence of a person located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul and drinking alcohol and talking with the victim C (the remaining, 52 years old) and talking with the victim, the Defendant was suffering from a dangerous object, resulting in the victim’s head at the time of the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Articles 257-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentence of one year under Article 62-2 of the Criminal Act to an order to observe protection and attend a lecture: Imprisonment with prison labor for one year or a stay of execution, two years or observation of protection and an order to attend a lecture for 80 hours or more: A person subject to mitigation, such as the risk of committing a crime, accumulation of records of the same punishment (one time or more of imprisonment without prison labor, and seven times of a fine): Confession, victim’s non-prosecution of punishment, necessity to treat the defendant’s proof of alcohol content, etc.;

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