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(영문) 서울북부지방법원 2017.12.08 2017고단3515
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 12, 2017, the Defendant: (a) around 19:10 on August 12, 2017, at the “C innickhouse” 14 located in Dongdaemun-gu Seoul, Seoul, for the reason that the victim D (54 aged) was slicking, the Defendant laid down the parts of the victim’s head slicking, which are dangerous objects in the location, and carried out the victim’s head slicking, so far as possible, the Defendant laid down the parts of the victim’s head slicking in the number of days of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by the defendant while possessing a dangerous object that could be prone to the victim, who was not good for the defendant, and found him/her at a time and inflicted an injury on the victim with a dangerous object. The crime of this case was committed in light of the circumstance, contents, and the degree of injury, etc. of the crime, and the crime was not easy, the damage recovery or agreement was not reached, and the defendant had been punished several times including the suspended sentence on October 201, 201, including the crime of violence, the crime of this case was committed several times. Meanwhile, the defendant led to the confession and reflect of the crime of this case, the degree of injury did not seem to be severe, and other circumstances and sentencing guidelines revealed in the records and the theory of change are determined as ordered in the Disposition.

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