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(영문) 서울북부지방법원 2016.09.29 2016고단2238
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 11, 2016, at around 01:40, the Defendant arbitrarily used the money of the victim D (34 years of age) who is an employee of the above club in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, for the reason that he did not feel true about the location of the use, the Defendant moved to the above C office at around 02:04 on the same day, and then moved to the victim’s face, and made the victim enter the victim with the back part of the galle, which is a dangerous object, and then made the victim am her kneel.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as the left-hand side, which requires treatment for about 21 days, such as blood transfusion, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A complaint filed in D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV submitted to a victim);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is divided into and against his own crime; the victim's arbitrary use of the money of the club operated by the defendant was the origin of the crime of this case; the defendant deposited 6 million won to the victim after the prosecution; the defendant deposited 6 million won to the victim in 1998; and the defendant did not have any record of criminal punishment except for a violation of the Punishment of Violences, etc. Act in 198: the tool and method of the crime of this case;

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