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(영문) 광주지방법원 2020.01.29 2019고단3613

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On February 15, 2019, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Gwangju District Court on August 15, 201, and the above judgment was finalized on November 15, 2019.

【Criminal Facts】

At around 02:20 on March 23, 2019, the Defendant, at C, a restaurant located in Gwangju Mine-gu, Gwangju Metropolitan City, caused the victim D (year 31) and drinking, on the ground that the victim disregards the actual ability of his own movement, and caused the victim's injury to the main part of the victim, which was a dangerous object on the table, one time, and two weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Damage photographs;

1. Previous records of judgment: Criminal records, reply reports, court rulings and copies of summary orders, and application of Acts and subordinate statutes significantly to this court;

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

1. The latter part of Article 37 of the Criminal Procedure Act (the crime of special injury by the defendant in this case was committed on March 23, 2019) (the crime of special injury by the defendant in this case) and the defendant committed a crime of violation of the Punishment of Violences, etc. Act, which became final and conclusive on November 15, 2019 in this court before the sentence of two years of suspended execution becomes final and conclusive on November 15, 2019. However, the defendant was sentenced to two years of suspended execution in the court on September 14, 2018 after being sentenced to two years of suspended execution in the same court on December 12, 2017, and the crime of violation of the Punishment of Violences, etc. Act (joint conflict) which became final and conclusive on September 15, 2019, which was committed on September 14, 2018, and thus, no one of the above crimes of violation of the Act on the Punishment of Violences, etc. was finally finalized on September 15, 2019.

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;