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(영문) 서울서부지방법원 2016.10.19 2015고단2847
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At around 02:15 on 27, 2015, the Defendant, on the ground that the victim C (the age of 52) refused and expressed his or her desire to go to his or her mother on the road of “E” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, about 02:15, he or she suffered bodily injury, such as 28 days of surgery, on the ground that the victim C (the age of 52) refused to comply with his or her request to her mother and expressed his or her desire to do so. On the other hand, the Defendant taken the victim’s face twice, on the ground that he or she was a smaller who is a dangerous object in a simple table.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement against F and C;

1. G statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 for discretionary mitigation;

1. The degree of damage suffered by the victim on the grounds of sentencing in Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Dismissal of Application for Compensation (the scope of liability for compensation is unclear and thus it is deemed inappropriate to issue an order for compensation) is not easy, but does not reach an agreement with the victim, and the defendant escaped, etc.

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