(Cancellation)

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

1. Inflicting a victim D;

At around 00:50 on October 23, 2017, the Defendant: (a) asked the victim’s son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

2. A special injury inflicted upon a victim H;

The Defendant, at the time and place indicated in the above paragraph 1. At the same time and place as indicated in the above paragraph 1.3 above, asked the victim H (33 years of age) who horses the Defendant, collected an alcohol disease, which is a dangerous object on the table of the above main point, and caused injury to the victim by taking approximately two weeks of medical treatment in accordance with the victim’s left hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement prepared by G;

1. CCTV video-recording CDs;

1. Parts and degree of each injury as indicated in the judgment: Application of the Acts and subordinate statutes to the victim's photographic part of each injury committed by the victim D, each injury diagnosis certificate (investigative Record 68, 71 pages), and records recording paper;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 258-2(1) and 257(1) of the Criminal Act (the point of injury to carry dangerous articles)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment heavier than that of a special injury)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. The grounds for sentencing: the scope of applicable sentences by law: June - July 7;

2. Reference to the sentencing criteria): Bodily injury;

[Determination of Type 1] General Bodily Injury (Type 1)

[Special Convictd Persons] Reductions: Non-Punishments

○ Aggravations: serious injury (in light of the background of the crime, the place of the crime, and the number of the victims, it cannot be deemed as a crime committed against the majority or non-specific persons. Moreover, it is insufficient to view that the victims inflicted an injury on the victims on the ground that they have expressed themselves, and that there was a "influent motive for the crime".

[Scope of Recommendation] 4 months - One year and six months (Basic Area)

3. Determination of sentence: Imprisonment with prison labor for not more than ten months and two years of suspended sentence; and

○ Unfavorable Circumstances: The instant crime was committed by the Defendant, while under the influence of alcohol, by asking the victim D’s new fingers that the Defendant would at the time when the Defendant was an employee of the main store without any reason, thereby causing an injury by opening the crime. In other words, the Defendant inflicted an injury on the victim H by gathering an alcoholic disease, which is an article dangerous to the victim H.

As a result, the victim D suffered serious injury that is cut off by part of the left part of the kidy kidy.

A favorable circumstances for ○○: The Defendant is a confession of all crimes. The injury inflicted upon the victim H is relatively minor. It is not a planned crime. The victims do not want to be punished by the Defendant by compensating the victims of the injury and providing their consent. The first offender is the first offender, the social relationship is clear, and the family members of the Defendant want to have the Defendant’s preference.

○ Other factors of sentencing as ordered shall be comprehensively considered in light of the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc. and all the factors of sentencing as shown in the oral proceedings.

The acquittal portion

1. Summary of this part of the facts charged

In accordance with paragraph (1) of the judgment, the Defendant: (a) removed the victim D's new fingers; (b) caused a serious injury to the victim, such as the removal of the victim's new fingers; (c) caused approximately 12 weeks of less than 12 weeks of treatment; and (d) caused the victim to be unable to rescue.

2. Determination

A. Relevant legal principles

The crime of serious injury stipulated in Article 258 of the Criminal Act is established when "a risk to life" is caused by bodily injury of a human body or when "a threat to life" is caused by "a ductal or incurable disease" (Article 2). The punishment of serious injury is aggravated compared to that of general injury on the ground that the result of the victim's continued injury may result in the result of continuous and significant injury. Specifically, the statutory punishment of the crime of serious injury is defined as "a imprisonment for not more than 17 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won" without room for choosing a fine.

In light of the legislative purport of the crime of serious injury, the degree of aggravation of punishment for the general injury and the crime of serious injury, which are the aggravated element of the crime of aggravated injury, the ‘influence of danger to life' or ‘influence of incurable or incurable disease' as well as ‘influence of disease', it is reasonable to interpret the ‘influence of Article 258(2) of the Criminal Act as strict interpretation of the important parts in the whole organization and function of the body beyond a certain part of the body is lost.

B. Specific Determination

In full view of the following circumstances, it is insufficient to readily conclude that the evidence submitted by the prosecutor alone led to the victim’s failure to constitute a crime of serious injury, solely based on the evidence duly adopted and examined by the court.

1) On October 23, 2017, the victim received unfolded 5 balance of earnings and expenditures on the 5th parallel, but the victim continued to undergo an indembling and sembling in total on the same side during the period from November 6, 2017 to February 12, 2018. Nevertheless, the victim left a reduced part of damage.

2) However, the function of the finger hand in the entire body body body is relatively small compared to other parts, and the victim has cut only part of the last mad of the left part, and the remainder remains (i.e., 113 pages of investigation records), and it does not seem to cause a significant obstacle to the daily life of the victim.

3) Damage, even if based on the statement of opinion (10 pages of investigation records) drawn up by the JJ of the I Hospital on January 29, 2018, is committed:

As a result, it is difficult to see that there is a possibility that a person might be subject to post-treatment, such as the reduction of the post-age water supply and the restriction of the ex-post exercise, the reduction of the ex-post exercise, and the reduction of the sense, etc., and the long-term pre-determination requires the trial to be held after the transitional observation.

3. Conclusion

Therefore, this part of the facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it falls under the case where there is no proof of criminal facts. However, as long as it is found guilty of the injury crime under paragraph (1) contained in the above facts charged, the judgment

Judges Kang Jin-han

Judges Do Residents-ho

To refer appropriately to the sentencing guidelines set forth below with respect to the crime of injury.

2) The Enforcement Decree of the Crime Victim Protection Act is on the division of grades 1 through 14, which is the largest in the physical disability grade of the crime victim.

class 13, and class 14, in cases where one hand has lost his/her hand, the hand shall not fall under class 13, and in cases where one hand has not been used, the hand shall not fall under class 14.

C. (No. 1)