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(영문) 서울남부지방법원 2016.07.27 2016고단2570
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. 특수 상해 피고인은 2016. 6. 9. 23:55 경 서울 영등포구 C 소재 ‘D 노래방’ 앞 도로에서, 위 노래방에서 시비가 붙은 피해자 E(28 세 )으로부터 욕설을 듣자 화가 나 위험한 물건인 빈 소주병으로 피해자의 정수리 부분을 내리쳐 8 바늘을 꿰매도록 하는 등 피해자에게 약 2 주간의 치료를 요하는 두부 열상을 가하였다.

2. The Defendant, at the time, at the place, and around, the date and time as described in paragraph 1, and at the place, threatened the victim with a knife knife (33 cm in total, 21 cm in length) that is a dangerous thing brought to a nearby restaurant, and threatened the victim as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Investigation report (to attach photographs, such as the part of the victim's injury, the victim's door, the victim's door, and the criminal tool), photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The form of each of the crimes in this case, each of which was committed by the Defendant on the ground that the reason for sentencing of Article 53 and Article 55(1)3 of the Act on the Reduction of Small Amount of Damage was minor, causing injury to the victim’s head due to his or her minor illness, and threatening him or her in a knife, is very dangerous, and the degree of injury suffered by the victim is not weak.

Even if the defendant generally acknowledges the crime and the injured party does not want the punishment of the defendant in agreement with the injured party, it is inevitable to sentence the sentence to the defendant.

The punishment shall be determined as per the disposition in consideration of the above circumstances favorable to the defendant and the clear social relationship, such as family relations of the defendant, etc.

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