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(영문) 제주지방법원 2019.05.31 2018고단2754

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2018, the Defendant: (a) around 00:0 on July 13, 2018, the Victim D (38 years of age) and the Victim D (38 years of age) under drinking alcohol in the Seopopo City B, on the ground that the Victim was acting without her brucation, followed by a beer disease on the table, which is a dangerous object, and then threatened the Victim with a hicker; (b) in order to defend the Victim, the Victim’s hack floor of the Victim’s knife caused the Victim’s knife by a knife disease with the knife of his knife for about five weeks of medical treatment, and other knife and knife of the finger and the knife, and caused damage to the power.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Each statement made by the police in relation to D's written statement;

1. Each description of the diagnosis report on each D in the proceedings E and F preparation;

1. Application of each Act and subordinate statute to images of each photograph, medical record, duplicate copy, or certificate of photograph;

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 extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing [the scope of punishment under law] 6 months to 5 years (the case of discretionary mitigation] of imprisonment ] violent crime, special injury, repeated crime, injury by special injury (special injury) - mitigated element - mitigated element - serious injury [general person who is a person who is subject to aggravated punishment] - mitigated element - serious injury [the range of recommending punishment] basic area - 6 months to 6 months to 2 years [the extent of recommending punishment] of serious half [the extent of suspended sentence] basic area - If the result of serious injury occurs - the main reason for suspended sentence - there is no positive general reference: social relation - contingent crime, serious reflectness, or criminal record above suspended sentence / [the decision of imprisonment].