beta
(영문) 전주지방법원 군산지원 2018.10.05 2018고단749

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On May 25, 2018, the Defendant: (a) while drinking alcohol at “C” main points located in Sinsan City B on May 25, 2018; (b) requested the victim D (63 tax) who drinking alcohol on other tables; (c) however, on the ground that the victim refused it, 500CC beer residuess, which is a dangerous thing for the victim’s refusal, laid down once on the victim’s face, and laid off the victim’s face with approximately 15 days of eye and open body around the snow.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in a suspect interrogation protocol prepared by the police against the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Special Injury and Cumulative Bodi Crime Injury (Special Bodily Injury) [No person subject to special sentencing] [Determination of sentence] reflects a crime; there is no history of the same crime; there is no amount of punishment heavier than a fine; contingent action takes place during the crime; and the degree of injury is not significant; it is favorable for the defendant to take the face of the victim who is the first self-scroin on the ground that the defendant refuses to meet his seat and again stops after leaving the victim's seat after leaving the victim's restraint; it is highly probable that there is a high possibility of criticism in light of the risk of the crime or the background or motive of the crime; the sentencing element of the victim's age and other defendant's behavior; and the defendant's age and behavior are considered as an element of sentencing;