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집행유예
(영문) 서울북부지방법원 2016.10.6.선고 2016고단3342 판결
특수상해
Cases

2016 Highest 3342 Special Bodily Injury

Defendant

A person shall be appointed.

Prosecutor

OO (prosecutions, public trials)

Imposition of Judgment

October 6, 2016

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

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

Reasons

Criminal History Office

On June 10, 2016: At around 30:30, the Defendant, at a restaurant located in the ○○○○○○○ (○○○○ Dong) of Gangnam-gu Seoul, ○○○○, 1st century, he/she performed drinking together with the victim B (the age of 62), and the victim C (the age of 51), who was a dangerous object on the table bable, got off the victim B’s head toward the head, and got off the victim C’s head, who was the Defendant’s head with the dangerous object.

The Defendant carried such dangerous articles as the victim's head and inflicted injury upon the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C and B made by each police officer;

1. Investigation report (Dangerous objects and field photographs), investigation report (victim C’s photographs);

Application of Statutes

1. Article applicable to criminal facts;

Articles 258-2 and 257(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (the defendant's reflectivity, victims' respective intent not to punish)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Special Consideration as seen earlier)

Judges

Judges Habcheon-cheon

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