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(영문) 서울중앙지방법원 2017.01.12 2016고단8311
특수상해
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

around 23:35 on October 18, 2016, the Defendant, while drinking alcohol together with the Victim D (49) in front of the “C convenience store” located in Jung-gu Seoul, Jung-gu, Seoul, on the ground that the victim does not enter his/her own horse, was in a dispute, he/she saw the victim’s disease, which is a dangerous object on the table, and caused the victim’s injury, such as the victim’s flabing back one time, and the victim’s chest was pushed up by hand, making the victim’s chest difficult to know of the treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement prepared by E;

1. Application of each statute on photographs;

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are as follows: (a) the defendant, without any particular reason, injured the defendant; (b) on the one hand, the defendant recognized his/her mistake; (c) the victim does not want the punishment against the defendant; (d) the defendant has no record of having been punished by imprisonment without prison labor or a heavier punishment; and (e) other conditions for sentencing such as the defendant's age, sex, intelligence and environment; (e) relationship with the victim

It is so decided as per Disposition for the above reasons.

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