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(영문) 서울남부지방법원 2018.06.20 2017고단5855
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, at around 02:00 on October 1, 2017, talked with the victim B (n, 49 years old) who was aware of his knowledge within the “D” drinking house located in Gangseo-gu Seoul Metropolitan Government, on the ground that the victimized person does not lend money to the Defendant, and that he was on the table.

With the 300c glass cup, the victim's head was frightened, frightened with frighten, and frightened with frightened with frighten, and the victim was in need of approximately 2 weeks of treatment, and 1 cm of 2nd part of the 2nd part.

Accordingly, the defendant carried 300c glass cups, which are dangerous goods, and assaulted the victim, thereby causing about two weeks of treatment to the victim.

Summary of Evidence

1. The legal statement of the witness B and the witness E in part;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs;

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. The sentencing of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (abstinence of the scope of the Defendant’s compensation liability) is deemed unreasonable to issue an order for compensation on five occasions, and the extent of damage is relatively minor; the Defendant actively denied the fact of the crime and gave testimony to the victim and witness present at court as a witness; the statutory punishment for the crime of this case is prescribed for more than one year and less than ten years; and the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are determined by comprehensively taking account of various circumstances indicated in the record and the theory of the change.

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