beta
(영문) 부산지방법원 동부지원 2019.01.09 2018고단2165

특수상해

Text

A defendant shall be punished by imprisonment for six 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

around 01:40 on August 4, 2018, the defendant was in the Busan Shipping Daegu B, and the victim D (age 49) and drinking in the front of C were in a dispute.

The victim's head was assessed once by hand on the victim's head, which is a dangerous product for the victim, and the victim's face was assessed once by drinking the victim's face, and the victim's head was assessed once by the above small-scale disease.

As a result, the defendant suffered from injury to the victim during a period of about 10 days, such as 10 days of injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. On-site and photographs of damage;

1. Application of Acts and subordinate statutes to investigation reports, requests for investigation cooperation, emergency medical services, and medical opinions;

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 for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act provides that no basic area (6-2 years) (6-2 years) of the first category (6-2 years) of the injury by special injury and repeated offense shall be determined as per the order, taking into account the circumstances leading up to the crime, the degree of damage, the defendant's intellectual disability third level, and all of the sentencing conditions against the defendant.