특수상해
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
Criminal facts
1. On July 15, 2019, at around 21:45, the Defendant: (a) took part in an employment dispute with the victim B (50 years of age) while drinking in the cafeteria “D” in Kimhae-si, Defendant A, and (b) took part of the victim’s left head one time with an empty bottle, which is a dangerous article on the table of the seat; and (c) took part of the victim’s face one time by drinking, the Defendant inflicted an injury on the victim, such as a face, which requires approximately two weeks of treatment.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
2. Defendant B suffered assault from the victim A (year 54) at the time, place, as mentioned in paragraph (1), and as seen above, the Defendant her wicked the victim’s face face one time by an empty beer who is a dangerous object on the table. Defendant B her wicked the victim’s face one time by drinking a part of the victim’s face, and suffered injury, such as an open top room, which requires approximately two weeks of treatment by drinking.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. Protocol concerning the suspect interrogation of each of the Defendants
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant Articles and 258-2 (1) and 257 (1) of the Criminal Act: Defendants who choose to commit the crime;
1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Defendant A
(a) Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months up to five years;
(b) The range of recommendations on the sentencing criteria (the range of recommendations) [the range of punishment] and the area of mitigation (four months to one year) (special mitigation) of category 1, the injury by repeated crime and injury by repeated crime;
C. Following the decision of sentence, the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered by comprehensively taking into account various factors of sentencing as shown in the trial process of the instant case.
A favorable condition: this.