특수상해
A defendant shall be punished by imprisonment for not less than eight 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.
Punishment of the crime
On April 19, 2016, at around 22:40, the Defendant, at the “C” restaurant located in Gangdong-gu Seoul Metropolitan Government, brought a dispute with the victim D (51 3). However, the Defendant, as a small-scale disease, which is a dangerous object on the restaurant table, left the head of the victim once, and led the victim to not knowing the number of days of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Investigation report (the part of the injured party's wife);
1. Application of the Acts and subordinate statutes to the classical photo;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: Defendant’s withdrawal of the victim’s head as his/her main illness without any particular reason is recognized and divided in light of the form of the act and risk thereof; the degree of injury is relatively minor and the victim does not want the Defendant’s punishment from the investigation stage. The Defendant does not have the same criminal record except for one minor fine, and the Defendant does not have any specific criminal record beyond the fine, and all other circumstances constituting the conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, sex and environment, family relationship, relationship with the victim, and circumstances after the crime, etc., shall be determined within the scope of the mitigated sentence, and the sentence shall be suspended only once, as indicated in the disposition.