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(영문) 제주지방법원 2019.05.31 2018고단2681

특수상해

Text

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

However, 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 September 21, 2018, at Jeju-si, the Defendant had a dispute with the victim D (year 45) who is a workplace partner in C cafeteria B, which was located in C cafeteria B on September 21, 2018, followed the victim's back to the end of the treatment days, and caused the victim's back to the end.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry of the written statements of D;

1. Entry into an investigation report by the prosecutor's office and video (including accompanying documents) of the documents prepared by the prosecutor's office;

1. Application of each video statute to the victim's 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [the scope of punishment under law] 6 months - 5 years (in a case of discretionary mitigation] [the decision of a sentence ] - violent crimes, special injury, repeated crime, injury by special - Type 1 (special injury): - mitigated elements: Insignificant injury, punishment not to be imposed (general person): In a case of mitigation factors - minor injury, punishment not to be mitigated (general person : the scope of recommendation factors : the range of special mitigation factors / special mitigation range / 2 months to 1 year [the scope of revised recommendation range] from 6 months to 1 year from 6 months from 1 year [the minimum of statutory punishment is higher than the minimum of the recommended sentence, so the minimum of statutory punishment is higher] - Where a dangerous witness is carried with a dangerous object: Punishment - Where a general witness is carried with a dangerous object, it is clear that social relation, contingency, serious criminal facts, and negative reasons for suspended sentence for not less than 2 years: Imprisonment with prison labor for not less than 2 months;