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(영문) 서울남부지방법원 2019.09.25 2019고단3613
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 22, 2019, around 15:50 on April 22, 2019, the Defendant demanded the victim D (year 62) to return the number and value of the passenger vehicle at the front parking lot of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, for the reason that the victim did not comply with the request, and caused the victim's head with the wall, which is a dangerous object and the victim's head, thereby requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the certificate of injury, and photographs of damaged parts;

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

1. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act is deemed to have inflicted an injury on the victim by getting the victim's head due to the brick of the defendant, which is a dangerous article, and the nature of the crime is not good in light of the circumstances, method and content of the crime, danger, degree of damage, etc

The defendant did not agree with the victim or take any particular measure to recover damage.

However, considering the fact that the defendant is aged and has no record of criminal punishment, and the character, conduct, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc. of this case and all the sentencing conditions indicated in the records, the punishment as ordered shall be determined.

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