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(영문) 서울북부지방법원 2018.06.07 2018고단1396
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 March 29, 2018, at the front of the C convenience store located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, around 22:00, on the ground that the Defendant does not make any part of the victim D (51 aged 51) who was drinking together, and on the front of the above convenience store, the Defendant was punished for a dispute, which is a dangerous object that was in his vehicle ties, (30cm in length, 9cm in length).

In other words, when the victim and the victim's left side side of the head one, there was injury to brain-dead sugar, which does not have any wife in an open two locations that require treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 (see, e.g., Articles 53 and 55(1)3 of the Criminal Act) for mitigation of a small amount

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the scope of the punishment [the scope of the punishment [the persons who are subject to special sentencing] shall not be punished in the mitigated area (one year and six months from June to two years) of the type of habitual injury, repeated injury, and special injury (the habitual injury, repeated injury, and special injury).

2. The main issue of the sentence is that the victim’s head was at a price per se and is committed.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant is recognized as committing the crime, the victim does not want the punishment, the degree of injury is minor, and other various circumstances, such as the age, sex, environment, etc. of the defendant, and the conditions of sentencing as shown in the records and arguments of this case.

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