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(영문) 서울남부지방법원 2019.01.17 2018고단6035
특수상해
Text

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

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:00 on October 28, 2018, the Defendant deemed that the Defendant had expressed the Defendant’s desire to “the bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit son,” while drinking alcohol with two friendlys, including the victim D(28 years of age). Around October 28, 2018, the Defendant left the victim’s head one time as a beer disease, which is a dangerous object on the tables.

In this way, the suspect had two open measures that require the victim's 14-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of the victim's body;

1. A medical certificate of injury and a medical certificate;

1. Investigation reports (persons E, F statement credibility related), investigation reports (F telephone conversationss for persons with a shot light), investigation reports ( listening to statements by employees at the scene of occurrence and verification of CCTV not installed at the scene of occurrence), and the application of statutes;

1. Article 258-2 and Article 257 (1) of the Criminal Act (limited to imprisonment with labor in the form of a legal penalty) concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria (Scope of recommendations) [the range of special injury and repeated injury] type 1 (4-1 year), the mitigation area (4-1 year), the punishment not to be imposed (including serious efforts to recover damage), or considerable damage has been restored to the mitigated area;

1. Determination of sentence, mitigation, and suspension of execution of sentence is heavy in view of the contents and means of the crime, and the degree of damage;

However, considering the circumstances favorable to the defendant, such as the fact that the defendant has agreed to pay 3 million won to the victim, that there is no criminal record against the defendant, and that there is a reason to consider the occurrence of the crime.

In addition, the punishment shall be determined by examining other factors of sentencing, such as the defendant's age, character, conduct and environment.

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