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(영문) 서울서부지방법원 2017.07.19 2017고단1398
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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2017, at the main point of "D" located in Eunpyeong-gu Seoul Metropolitan Government around 21:00, the Defendant inflicted an injury on the victim E (33 tax) who is a workplace club fee and the victim's face while talking about his/her work, and her talking about his/her duties, and she welved the beer, which is a dangerous object used in his/her hand, and her hand, led the victim to the end of the snowbrow of the victim's left eye, which is a dangerous object used in his/her hand, and caused the victim's injury, such as the snow pool and open wound in the area surrounding the snow.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Investigation report (related to telephone conversations of wooden persons);

1. Image photographic photo and investigation report (CCTV verification) taken by the Defendant to run in E;

1. Application of Acts and subordinate statutes of injury diagnosis certificate (E);

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. In light of the fact that the victim’s face in the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is not a relatively large amount of damage caused by beer and beer and beer face, but the criminal liability is not provided by the victim. However, in light of the fact that the defendant’s mistake is against himself/herself, the victim’s desire to commit the crime, etc., some of the circumstances may be considered in the course of the crime, such as the defendant’s age, sexual behavior, environment, etc., the punishment is determined as ordered in light of the sentencing conditions indicated in the record.

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