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(영문) 수원지방법원 2018.05.02 2018고단743

특수상해

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2017, at around 22:00, the Defendant, along with “D cafeteria” located in Suwon-gu, Suwon-si, Suwon-si, the Defendant: (a) was in drinking alcohol with E and her employees, and was in drinking alcohol with the victim F (the age of 51), and was in drinking alcohol; (b) was in the middle of the instant case, the Defendant, at the time when the instant victim collected the small-scale disease, which is an object dangerous to the Defendant’s own floor, and caused the victim’s face to suffer approximately KRW 5cm tearing from the front side of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (investigation by telephone of a victim);

1. A photograph of the upper part of the body;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment: Imprisonment with prison labor for not less than six months nor more than five years;

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

불리한 정상 : 폭력행위 등 동 종 범죄로 벌금형의 처벌을 받은 전력이 있는 점, 소 주병으로 사람의 얼굴을 내리치는 행위는 매우 위험성이 커 비난 가능성이 높은 점, 피해자는 눈 아래에 상처를 입어 꿰매는 수술을 받기까지 한 점 유리한 정상 : 우발적으로 범행한 점, 피해자와 원만히 합의 하여 피해 자가 피고인의 처벌을 원치 않고 있고 피고인이 진지하게 반성하는 태도를 보이고 있는 점, 피고인이 벌금형을 초과하는...