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(영문) 수원지방법원 여주지원 2018.10.24 2018고단815

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On August 6, 2018, the Defendant, at around 04:10, obstructed the operation of singing rooms by the victim D, who had drinking together in three 'C Sing shop' operated by the Defendant in the Gyeonggi-si B, and suffered bodily injury, such as double singing, in which the number of days of treatment cannot be known to the victim when the victim’s head is taken due to a beer disease, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes concerning report on internal investigation;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for one year to ten years;

2. Where the scope of the sentence recommended on the sentencing guidelines [the scope of the sentence recommended] is limited to the category 1 (Special Bodily Injury) in the area of special mitigation (two months to one year), minor injury, non-existence of the punishment (including serious efforts to recover damage), or considerable damage has been restored to the extent of the sentence, which is limited to the scope of the sentence recommended on the sentencing guidelines;

3. The defendant and the injured person who were sentenced to the sentence submitted to the investigative agency a written application to the effect that they did not want the punishment of the defendant and request the injured person to take the action against the defendant.

The defendant is attempting to commit a crime and is against the mistake.

Although the defendant has many records of punishment for the same violence crime, he/she has no record of punishment exceeding a fine.

The defendant's age, sex, environment, etc. shall be considered together and the punishment shall be determined as per the disposition.