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(영문) 서울북부지방법원 2016.03.25 2016고단6
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 02:00 on December 16, 2015, the Defendant: (a) took a bath to the victim D (the age 41) related persons, who were related persons on the Dongdaemun-gu Seoul Metropolitan Government and underground second floor; (b) brought about disputes among them, and (c) took a large part, which is dangerous object, made it difficult for the victim to take the back head of the victim’s right, and (d) took up two-time open wounds in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Sentence of Article 62-2 of the Criminal Act: Imprisonment with prison labor for one year: The sentence of imprisonment for a term of eight months, suspension of execution, two years, observation of protection and 80 hours, and the sentence of several sentencing conditions shown in the arguments, including the defendant's age, sex, home environment, etc., including the person who has received an order to attend a lecture for 80 hours, shall be determined as the sentence of imprisonment with prison labor for the same year;

A aggravated person: A person who has been mitigated, such as the fact that an excessive result may occur, and a person who has repeatedly committed violence against a female living together: A confession, the victim's not to be punished, the victim's imprisonment without prison labor or heavier punishment, etc.;

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