특수상해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant and the victim B(the age of 30) are those who work at the same new construction site.
On September 20, 2018, the Defendant: (a) around 19:35, at the accommodation of the Victim B located in Soyang-gu, Soyang-gu; (b) on September 20, 2018, the Defendant left the head of the said Victim’s disease, which is an empty object, and was in danger of chemicalization; and (c) on the part of the head of the said Victim’s disease requiring approximately two weeks medical treatment, the Defendant was on the left, including the head and blood species of the part of which detailed is unknown.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to B;
1. The scene of occurrence and photographs of injury;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);
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 for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of the recommended punishment according to the sentencing criteria (decision of types) for violent crimes: Special injury, injury by repeated crime [Type 1] for a special injury (special person for a punishment]: In the area of reduction of punishment [the area of recommendation and the scope of recommendation], reduction area of punishment [the area of recommendation and the scope of recommendation], and April through one year;
2. In light of the risk of the Defendant’s use of the sentence and other factors, the nature of the instant crime is not easy, and the fact that the Defendant has been punished several times for violent crimes is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognizes the crime of this case and reflects his mistake, and that the victim also does not want the punishment of the defendant by agreement with the victim is favorable to the defendant.
In full view of the aforementioned circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various circumstances that constitute the sentencing as shown in the records and arguments of this case, including the circumstances after the crime, etc., the punishment as ordered shall be determined.