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(영문) 서울남부지방법원 2016.05.25 2015고단3800
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 1, 2015, at around 12:40, the Defendant: (a) obtained free food on the street in Yeongdeungpo-gu Seoul Metropolitan Government “D”; and (b) obtained a free food free of charge; and (c) sold the victim E (58 years of age) who boomed her head to the victim’s head with a hand hurf (25cm in length) which is a dangerous thing he was in possession of chemicalized, three times the victim’s right head to the right; (b) thereby, the Defendant got the victim’s head to the right part of the treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Seizure records;

1. Application of related Acts and subordinate statutes to photographs;

1. Articles 258-2 and 257 (1) of the Criminal Act relating to the facts constituting an offense;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the accused is erroneous; (b) the victim expressed his/her intention not to have the accused punished; (c) there is no record of punishment exceeding the fine due to the same crime for the last ten years; and (d) other factors that are shown in the argument of the instant case, such as the background of the instant crime, the injury injury and the degree thereof, shall be determined by taking into account all the factors indicated in the argument of the instant

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