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(영문) 서울중앙지방법원 2017.10.30 2017고단6666
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant is working at the “C” for entertainment establishments located on the first floor of Gangnam-gu Seoul Metropolitan Government B.

The Defendant, at around 07:00 on August 29, 2017, stated that the Defendant shall not repeat the same horses to the victim while drinking alcohol with the victim D (31 taxes) who is a later-time offender at the immediately preceding main point, etc.

Although the victim had repeated the same horses, the victim was collected with the glass, which is a dangerous object to the victim, and the victim was faced with the math of the victim.

As a result, the Defendant used the dangerous glass, which is a dangerous thing, to put the victim into a fluence of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs;

1. Application of Acts and subordinate statutes to report on investigation (victim D's oral statement);

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 (see, e.g., conditions favorable to the following reasons for sentencing) of the mitigated amount;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act (recognive circumstances, etc. favorable to the reasons for the sentencing as set forth below), the sentence shall be determined as set out in the Disposition, by taking into account the following circumstances, including the Defendant’s age, sex, environment, family relationship, health status, motive, means and consequence of the crime, and the circumstances after the crime.

Along with the fact that a favorable act, which is a dangerous thing at a disadvantage, was committed with the inside of the victim and the nature of the crime is not good, and even if there was a record of being punished one time by a fine due to the same kind of violent crime, the crime of this case was committed, and there was an agreement that a certain amount of money is paid to the victim for favorable circumstances, and that it is against the depth of the crime committed at the time of his own crime.

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