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(영문) 서울동부지방법원 2019.03.27 2019고단371
특수상해
Text

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

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

Reasons

Punishment of the crime

At around 23:20 on January 26, 2019, the Defendant, at the first floor “C” of the building located in Gangdong-gu Seoul Metropolitan Government, inflicted an injury upon the victim’s head two times due to beer disease, which is a dangerous article on the table table, on the ground that drinking alcohol together with D with the victim D, and caused the victim to be unable to know the number of treatment days due to tearing of the head of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of damaged photographs and on-site photographs statutes;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: In full view of the following, the sentence shall be determined as ordered by comprehensively taking into account: (a) the victim’s injury is not minor; (b) the defendant has been punished for violent crimes; (c) the defendant has been smoothly agreed with the victim; (d) the defendant has no record of being sentenced to a suspended sentence or heavier; and (e) the above circumstances and the circumstances after the crime, etc

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