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(영문) 서울남부지방법원 2020.04.23 2020고단487
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 30, 2019, at around 19:45, the Defendant was participating in an opposing assembly of the Act on the Establishment of the Office of Non-Corruption and Investigation of High-ranking Officials in the subway No. 9 Station located in 21 as the doctor of Yeongdeungpo-gu Seoul Metropolitan City. On December 30, 2019, the Defendant, at around the street of the 3rd party of the National Assembly of the subway No. 9, who had been a doctor of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and had a large engine installed in the place of the meeting where a water flows back from the group, and the victim B (Nam, 59 years of age) was in his possession of the Defendant at the time of taking a dangerous object ( approximately 1m in the length). The Defendant sustained the victim’s left head one time, and caused the victim’s head to tear, thereby making it difficult to know

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of statutes on site photographs, such as damaged photographs;

1. Article 258-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the period of suspended sentence shall be determined by taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstance after the crime, etc., as well as the following circumstances:

In light of the fact that the degree of injury of the victim seems not to be negligible: It is judged as ordered by the court on the grounds that there is no previous conviction except for the case where the victim was sentenced to three times a fine relatively old, that the victim did not have any previous conviction, that the victim agreed smoothly with the victim, that the third degree of the physically handicapped and the basic living beneficiary seems to be very difficult economically, and that the error is in depth divided.

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