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(영문) 서울서부지방법원 2017.05.17 2017고단645
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 26, 2017, the Defendant d'D', located in Seodaemun-gu Seoul, Seoul on February 26, 2017, drinking alcohol together with the victim E (59 years of age) who d' D', and drinking alcohol on the road.

The defendant sing the victim.

In addition, it is possible to see that the punishment is one of the members, if the punishment is only one of the members.

1. Don Don Don Don Don Don Don Don Don Don Don anywhere, on the ground that the word "don Don Don Don Don" is bad.

"....." An empty beer who is a dangerous object on the table, the head of the victim was laid down, and the number of days of treatment could not be known to the victim.

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. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Article 258-2 (1) of the Criminal Act and Article 257 (1) of the same 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. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation is likely to be criticized in that the defendant committed the victim with beer who is a dangerous object at a minor end despite the past record of punishment of imprisonment, suspension of execution, fines, etc. for the same kind of crime.

However, by the unanimous agreement with the victim, the injured party wishes to take the defendant's wife, the health of the accused is not good, the defendant is detained for less than two months, and the defendant seems to have an opportunity to reflect, and the defendant seems to have been able to support, etc., under favorable circumstances, and the punishment shall be determined like the order, taking into account various sentencing conditions specified in records and arguments.

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