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(영문) 서울남부지방법원 2019.02.15 2018고단6106
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant, while drinking with the victim B(50 years of age) and drinking, was faced with the question of title, and around 00:30 on October 22, 2018, the defendant found the victim who drinking the mixed drinking at the D main points located in Guro-gu Seoul Metropolitan Government, Guro-gu.

As above, the Defendant: (a) discovered the victim’s face by drinking it; (b) broken the victim’s face, which is a dangerous thing that had been around the victim; and (c) caused the victim’s head head by the relevant small-scale disease; and (d) caused the victim’s injury to the victim’s head on the head part where the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes governing body photographs;

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act, including the previous offense, was 14 times prior convictions against the accused, but the agreement between the victim and the investigation stage, the accused confessions and reflects the accused, and the statutory penalty is prescribed only for one to ten years, and the accused’s age, character and behavior, environment, motive, means and consequence of the crime, and other circumstances indicated in the records and arguments of this case, including the circumstances after the crime.

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