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(영문) 서울중앙지방법원 2016.11.10 2016고단4041
특수상해
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That 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 November 27, 2015, around 05:30 on November 27, 2015, the Defendant, while drinking alcohol with F and Victim G (37 years of age) in E entertainment tavern operated by the Defendant in Gwanak-gu in Seoul Special Metropolitan City, inflicted injury on the victim, such as the victim’s f’s clicking of head debt on the ground that the victim prevented F from drinking, flicking of head debt, flicking of beer disease, flicking of head part of the victim, flicking of head of the victim, and flicking of a bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Prosecutions and police interrogation protocol of the accused (including the part concerning theG statement);

1. Application of each police protocol of statement to G, F, H, and I

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively taking account of the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, the sentence as ordered shall be determined.

Unfavorable circumstances: The nature and circumstances of the crime are not weak, such as unloading the head that may cause a serious danger to human life or body, if a dangerous thing is a beer's disease.

There are several previous records of punishment for the same kind of violence crime.

The favorable circumstances: It is not easy to take into account the circumstances and motive of the instant crime by exercising violence against F the Defendant first committed.

In the process of the instant investigation, the victim agreed with the victim, and all the amount of damages initially agreed during the instant trial process was paid.

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