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(영문) 서울동부지방법원 2019.09.20 2019고단764
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 15, 2019, at around 00:50 on February 15, 2019, the Defendant, in front of the Seongdong-gu Seoul building and the second floor of the Gowon Cho Lake located in the second floor, had a kacker blade (7cm in length) located in the room on the ground that E, the resident of the above Gowon Dho Lake, etc., would slick be slick, and when the victim was placed in the room from the victim F (47 years of age), the Defendant slicked the victim’s face, and suffered an injury in the number of days of treatment for the victim to be slick and to be slicked.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The investigation report (No. 9 No.);

1. Application of the photographic Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the "Suspension of Execution") is that the defendant recognized the crime of this case, and his mistake is divided, the victim does not want the punishment against the defendant, the victim's injury is relatively minor, the defendant does not have any criminal history exceeding the fine, and there is no history of criminal punishment within the last ten years, and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., after comprehensive consideration of various factors of sentencing as indicated in the arguments of this case, including the circumstances after the crime.

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