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(영문) 서울동부지방법원 2016.07.14 2016고단1301
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 14, 2016, the Defendant: (a) around 02:20 on April 14, 2016, around the “D” toilet stairs operated by the victim C (n, 57 years of age) located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “D”); (b) on the ground that the Defendant, while drinking alcohol in the above drinking house, did not calculate the drinking value; and (c) the Defendant, after drinking alcohol in the drinking house, was first demanded from the victim to calculate the drinking value, would have the victim’s body pushed the victim’s body and cut off the victim’s body under the stairs; and (d) once again, the Defendant dived the victim’s head (30 ml, cl) who was in his/her place, and got the victim’s head at one time.

Accordingly, the Defendant carried dangerous objects as above and put the victim a second scam in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (to hear and record statements of victims);

1. Copies of medical records; and

1. Application of statutes on site photographs;

1. Article 258-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the suspended execution of the Criminal Act (see, e.g., the fact that the defendant recognized the error of the defendant, the fact that the defendant agreed with the victim immediately after the crime was committed, and the victim wanted to take the action against the defendant, and that the victim was the first offender);

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