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(영문) 서울동부지방법원 2018.06.15 2017고단4090
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

On November 3, 2017, at the main point of “D” located in Songpa-gu Seoul Underground 1, 2017, around 21:20, the Defendant demanded employees to sing and singing out, but the Defendant was refused. However, the Defendant told the victim E (56) who sing and singing in the stage to “this sing, singing in the inside, singing, singing in the sing, and singing in the sing.” The Defendant carried the victim’s s and the sings of the metal material, which is a dangerous object, at one time with the victim’s sing and the sings, one of the two singsings being worn by the victim and sing the victim at the left hand, respectively.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as the bones of bones, which requires medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Each investigation report (Nos. 10, 12, 14, 17, and 20 once a year);

1. Medical certificates and opinions;

1. Application of field photographs, visual photographs and Acts and subordinate statutes;

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively considering the following circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence as ordered shall be determined.

The crime of this case was committed with dangerous articles carried by the defendant for a minor reason, causing an injury to the victim, and the nature of the crime is not good, and the circumstances favorable to the fact that the victim did not receive any stuff: the defendant recognized the crime of this case and divided his mistake.

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