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(영문) 전주지방법원 2019.07.10 2019고단201

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 57) are known to each other.

At around 22:40 on November 29, 2018, the Defendant, while drinking alcohol with the victim within the main point of “D” located in the Jeonju-gun, Jeonju-gun, Jeonbuk-gun, the Defendant suffered an injury to the victim due to the number of days of treatment in which the victim gets her aged and went her at his/her age, or was at the convenience of being a dangerous article on his/her table, and caused the injury to the victim due to the her face.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of investigative reports (Evidence No. 4) attached to the scene and of damaged photographic Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution, taking into account various circumstances, such as the defendant's age, character and conduct, circumstances, background of the crime, and circumstances, etc., which are conditions for sentencing, such as age of the defendant, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence shall be determined as per the disposition, based on the following factors: (a) the mitigation area (special mitigation) [including a person who has been mitigated] the mitigation area of punishment (including a serious effort to recover from damage] [including a decision of a sentence] and the mitigation area of punishment (including a serious effort to make a decision of a sentence];