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(영문) 서울동부지방법원 2016.06.15 2016고단1160
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 8, 2016, the Defendant: (a) around 23:30 on April 23, 2016, at the studio of the victim C’s operation in Seongdong-gu, Seongdong-gu, Seoul; (b) while taking time expenses due to the problem of the credit alcohol with the victim, the Defendant threatened the victim by putting the victim’s left side blick with three times with the victim’s hand, b) holding an empty beer’s disease on the floor, which is a dangerous object in the table, and putting the other beer’s hand, which is a dangerous object in the table, continuously carrying one hand, and threatened the victim with the head of the victim, putting the head of the other blick, and being towed by the care of the above main blick, leading the victim with the above beer with the beer’s disease.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as salt ties, tensions, etc., which require treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes in writing C;

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. It is not good that the defendant, for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, uses violence again even though he had the past record of punishment five times, including one case of suspended sentence due to violence.

However, after 1985, there is no more severe penalty than a fine, and after 2003, there is no record of punishment, the victim's injury is not much weighted, the victim's agreement with the victim, and the conditions of sentencing are considered.

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