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(영문) 서울북부지방법원 2016.05.13 2016고단705
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant was aware of while living in the same notification board as the victim B (the South and the 37 years old), and there was a dispute over the use of the facilities of the above notification board, so it was not good to give an appraisal.

On September 24, 2015, at around 02:05, the Defendant heard from the D Public Notice Board located in Seoul Special Metropolitan City, Nowon-gu, to open the door from the damaged party, and was assaulted, such as facing face from the damaged party in the vicinity of the above Public Notice Board parking lot, the Defendant d Public Notice Board d in Seoul Special Metropolitan City, and d Public Notice Board d Public Notice Board d to get off the part of the victim, which is a dangerous object at the above public Notice Board d Public Notice Board, and d Public Notice Board d Public Notice Board d Public Notice Board d to get approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (including the B’s statement);

1. The application of a medical certificate of injury (Evidence 6), the application of statutes related to the victim's photograph;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] general injury (the scope of recommended punishment] is the case where the defendant commits the crime by carrying the basic area (4 months to one year and six months) [special mitigation (the person subject to special mitigation)] / dangerous articles [the decision of sentence] is against the defendant's wrong, the victim does not want the punishment of the defendant, and the defendant does not have any record of punishment for the same kind of crime, and the sentence is determined as per the disposition.

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