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(영문) 광주지방법원 2018.08.30 2018고단2863

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2018, at around 06:25, the Defendant: (a) while drinking with the victim D (23 tax) and drinking alcohol in the C cafeteria located in Seo-gu, Seo-gu, Gwangju; (b) on the ground that the victim was under the influence of alcohol and taking a bath, the Defendant inflicted an injury on the victim, such as an open top of the victim’s head, which requires approximately two weeks of treatment on the ground that the victim was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical 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. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the accused is led to the confession of the offense and reflects the mistake thereof; (b) the injured person does not want the punishment of the accused upon agreement with the victim; (c) there is no criminal record exceeding the fine of the accused; (d) the injured person’s age, sexual conduct, environment, motive of the offense; and (e) the conditions of sentencing under Article 51 of the Criminal Act,