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(영문) 서울중앙지방법원 2018.07.25 2018고단2901
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 2, 2018, at around 16:35, the Defendant, at “D cafeteria” located in Gangnam-gu Seoul Metropolitan Government, 4 persons, such as the victim E (45 tax) and F (49 tax) who are company fellows, f (49 tax) and f (49 tax), asked F to take a trial fee without a clear reason, the Defendant assaulted E by selling the face of E one time as a elbbbow and cutting off it one time to an empty fluent disease, which is a dangerous object, and continued to f to cut the head of F on one occasion due to the said small flus disease, and put the head of F on two parts of the number of days for treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Each police statement made to G, F, and E;

1. Application of Acts and subordinate statutes governing reports on generation, crime scene photographs, CCTV CDs, investigation reports (verification of the contents ofCCTV video CDs), replies following a request for cooperation in investigation, and emergency services activities;

1. Selection of imprisonment with prison labor for any of the following crimes: Articles 258-2(1), 257(1) (a) of the Criminal Act; Articles 261, 260(1) (a) of the Criminal Act; and special assault against the crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant committed violence against the victim who is easy to shoulder, thereby causing serious harm to the victims. It is not good that such crime is committed.

However, there are extenuating circumstances, such as the fact that all victims do not want to punish the defendant, that the defendant has no record of criminal punishment, other than the fine imposed due to the violation of the Road Traffic Act (drinking driving), and that the defendant seems to be against the law of traffic.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence identical to the order shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the instant pleadings.

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