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(영문) 서울남부지방법원 2016.08.24 2016고단2796
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2016, at around 20:15, the Defendant, while drinking alcohol together with the victim E (59 years of age) who was a fluor in Gangseo-gu Seoul Metropolitan Government “D cafeteria”, she turned the head of the victim into a single fluor where the victim’s head was defective, and the victim’s head was fluor where the number of days of treatment cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing scams and field photographs;

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 to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not easy to commit the crime of this case in which the defendant injured the victim as a person of iron who is a dangerous object.

However, the punishment as ordered shall be determined in consideration of the following facts: (a) there is a gap between the victim of ordinary times in friendship with the victim; (b) the victim drinking alcohol and drinking alcohol, and the victim's mistake is recognized; (c) the victim does not want the punishment of the defendant by agreement with the victim; (d) the victim has been punished on two occasions by a fine due to a previous violent crime; and (e) the defendant has been punished by a fine on two occasions due to a violation of the Road Traffic Act; and (e) the victim has only been punished by a fine on one occasion due to a violation of the Road Traffic Act.

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