특수상해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
around 13:00 on January 13, 2018, the Defendant, while drinking alcohol in C, located in Nowon-gu, Seoul Special Metropolitan City on January 13, 2018, brought the head of the victim D (tax 46) who was a dangerous object at the next customer, without any reason.
As a result, the defendant carried dangerous things and carried them with the victim who could not know the number of days of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the photographic Acts and subordinate statutes;
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 (see, e.g., Articles 53 and 55(1)3 of the Criminal Act) for mitigation of a small amount
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the scope of the punishment [the scope of the punishment [the persons who are subject to special sentencing] shall not be punished in the mitigated area (one year and six months from June to two years) of the type of habitual injury, repeated injury, and special injury (the habitual injury, repeated injury, and special injury).
2. The main issue of the sentence is the determination of the head as a chair, and the content of the crime is not less severe, and the defendant is punished for the crime of injury several times.
However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant is recognized as committing the crime, the victim does not want the punishment, the degree of injury is minor, and other various circumstances, such as the age, sex, environment, etc. of the defendant, and the conditions of sentencing as shown in the records and arguments of this case.