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(영문) 서울북부지방법원 2017.08.17 2017고단1957
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 6, 2017, at around 23:20, the Defendant: (a) while smoking tobacco at the C Party located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) after having heard the horses from the owner of the party room to request tobacco to take out the tobacco, the Defendant continued to d (48 years of age) the victim D (48 years of age) who had the party room in the next platform, said that he would be melting the Defendant; (b) the Defendant d (48 years of age) who had the party room in the party room in the next platform; and (c) the victim’s face was sleeped by flabbbing the flab, which was a dangerous article used in his hand, and flabed two times at the victim’s face, and flabed about one meter in the length of the dangerous article used in his hand, and flad the victim’s head, and took about two weeks in the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Photographs, such as part of the injury inflicted on the victim;

1. Surgical documentary photographs;

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. Article 53 of the Criminal Act for mitigation of small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the depth while the defendant was committed in the instant case.

In contingent, the crime of this case was committed. The injured party does not want to punish the accused by agreement with the injured party.

A defendant does not have any other criminal records except a fine once.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances as the age, sex, motive for the crime, and circumstances after the crime.

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