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(영문) 서울서부지방법원 2018.06.28 2018고단1050
특수상해
Text

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

Criminal facts

On February 15, 2018, around 03:06, the Defendant: (a) while drinking alcohol to the Victim F (n, 21 years of age), a middle school pilot, etc., within the 17th room in the underground of the building D located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant: (b) discharged the beer disease, which is a dangerous object, on the ground that the victim was Guning to another driver without any negligence; (c) broken the beer disease into the table; and (d) broken the beer disease; and (e) caused the injury to the victim, the number of days of treatment of which cannot be known to the victim; and (e) caused the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report ( telephone conversations between harvested persons G);

1. Application of Acts and subordinate statutes to photographs of damaged victims, on-site conditions, and photographs;

1. Relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: The reason for sentencing under Article 62(1) of the Criminal Act [favorable circumstances] that the degree of injury is not that of that of the defendant (or a favorable circumstance] and that the victim agreed with the victim smoothly, thereby not wanting the punishment of the defendant, and that the victim was not subject to prosecution and punishment;

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