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(영문) 서울북부지방법원 2016.10.06 2016고단3342
특수상해
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2016, at around 02:30 on June 10, 2016, at a restaurant located in Gangnam-gu Seoul Metropolitan Government B 1st, the Defendant performed drinking together with the victim C (the 62 years of age) who is a workplace partner, and the victim D(the 51 years of age) who was a dangerous article on the table without any justifiable reason, followed the victim C's head, and got the victim D's head, who was verbally the Defendant on the dangerous article.

The Defendant carried such dangerous articles as the victim’s head and inflicted injury upon the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement about D and C;

1. Application of Acts and subordinate statutes to investigation reports (Dangerous articles and field photographs), investigation reports (influence photographs of the victim D);

1. Article 258-2 and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the reflectivity of the accused, the victims' respective intention not to punish the victims);

1. Article 62 (1) of the Criminal Act (Special Consideration in the preceding sentence);

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