(영문) 서울서부지방법원 2017.10.11 2017고단2423

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자간(%)

(영문) 서울서부지방법원 2017.10.11 2017고단2423

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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 May 6, 2017, at the main point of Seoul Mapo-gu building B and “C” located on the second floor, the Defendant, while drinking alcohol together with the victim D (the remaining and the age of 27). The Defendant collected iron non-signer cover (the width of 20 cm, length of 30 cm) which is a dangerous object at the same time, and caused the injury to the victim, at the price of the back water of the victim, where it is impossible to find the victim’s treatment for the number of days.

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 against D;

1. Investigation report (to hear statements from a victim by telephone);

1. Application of the Acts and subordinate statutes to photographs and photographs of victims of crimes;

1. Article 258-2 (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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the record of punishment for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act including the observation of protection and attendance order is several times, but the crime of this case was committed, and the charge of this case was committed, and the charge of this case could have been committed by priceing the head part of the steel-frame cover, which is a dangerous object, and there could have been serious damage, the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant reflects his wrongness; (b) the defendant does not want the punishment against the defendant by mutual consent with the victim; (c) the degree of injury to the victim is relatively relatively excessive; and (d) the defendant'

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