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(영문) 광주지방법원 목포지원 2019.01.21 2018고단998

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:50 on May 28, 2018, the Defendant, “D” operated by the victim C (here, 34 years of age) who attempted to have physical contact with the victim, but, on the ground that he did not receive the victim, expressed that he was not aware of the victim’s physical contact, and she took a bath to “hump, she would so have done so,” and she took a dangerous object, and she faced with the victim’s eye.

As a result, the Defendant put the victim a "gregnite and surrounding eye eye" that requires about 10 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of relevant Acts and subordinate statutes, such as victim C damaged parts and the damaged site;

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. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: A sentence shall be rendered as per the disposition, taking into account all the circumstances that are the conditions for sentencing specified in the pleadings of the instant case, such as the following circumstances: (a) the nature of the relevant crime is not good in light of the circumstance and method of the instant crime, etc., in which the Defendant was able to cause serious consequences under the influence of alcohol, and the injury to the victim was inflicted; (b) the circumstances that are favorable to the fact that the Defendant was punished for violent crimes: (c) the injury is relatively minor and the victim did not want the punishment; and (d) there is no history of punishment exceeding the fine: (a) the decision to sentence that there was no history of punishment exceeding the fine: (a) the above circumstances and the age, character and behavior, career, home environment, motive and means of the crime