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(영문) 서울서부지방법원 2020.11.26 2020고단2924
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2020, the Defendant: (a) around 19:45 on April 30, 2020, on the ground that the victim D (Nam, 49 years of age) who was late late in the aftermath of the cafeteria C cafeteria in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, had had the victim undergo an examination on the Defendant, and (b) had the victim undergo an examination on the instant cargo, which is a dangerous object on the table, one time, and had the victim undergo an examination on the Defendant. (c) At around 1.5 cm for about two weeks, the Defendant sawd the victim to undergo an examination on the instant cargo.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against D, E, or F;

1. Each police statement related to G and H;

1. Application of Acts and subordinate statutes to on-site photographs, etc., death diagnosis reports, photographs, investigation reports (on-site exploration and CCTV verification);

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 for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

Unfavorable circumstances: The risk of crime has not been written, the fact that there has been no tolerance from the victim, the circumstances favorable to the fact that there have been several violences: contingent crimes; the degree of injury has not been relatively much significant; the previous power has been punished by a fine, and it has been against the fact that most of it has long been punished by a fine.

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