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(영문) 서울동부지방법원 2018.01.11 2017고단3772
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 1, 2017, at around 00:20, the Defendant, while drunk at “C cafeteria” located in Gangdong-gu Seoul, Gangdong-gu, Seoul, without any reason, inflicted an injury on the victim D (68 Dose) and his/her daily activities, such as the victim’s fright, who is a dangerous object, and fright to the victim’s right face, and caused the victim’s injury such as the inside heat, etc., whose treatment period cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A report of investigation, preparation of a record, and a report thereon;

1. A protocol of seizure and a list of seizure;

1. A medical certificate of injury, a receipt of medical expenses, etc.;

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. It appears that the degree of injury on the grounds of sentencing under Article 48(1)1 of the Criminal Act would not be much serious, and it is so decided as per Disposition on the grounds that the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are taken into account.

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