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(영문) 서울동부지방법원 2018.11.15 2018고단3096
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

On September 10, 2018, the Defendant: around 21:10 on September 21, 2018, at the corridor rest room in Gangdong-gu Seoul Metropolitan Government, caused the victim D (61 tax) to go off three times the head of the victim, which is a dangerous object, and caused the victim to feel harshly on the part of the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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 in favor of the defendant among the grounds for sentencing);

1. The Defendant’s liability is heavy in light of the following: (a) the Defendant’s act of inflicting bodily injury on the victim, which is a dangerous element of sentencing, under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the Defendant among the reasons for sentencing).

However, a judgment of suspension of execution is rendered in consideration of the following circumstances: the defendant reflects the defendant's mistake in depth, the victim does not want the punishment by mutual consent with the victim, and the victim does not have any specific record of punishment two times other than fines.

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