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(영문) 제주지방법원 2019.05.24 2018고단2604

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On October 13, 2018, around 00:40 on October 13, 2018, in front of the residence of the victim C(43 years of age) in Jeju City B, the Defendant appealed from the previous victim and D restaurant to the family problem, and put the victim into his hand the head part of the victim's head, who was in danger of being in the vicinity, and led the victim to a diagnosis on the head part of the victim's head in the days of treatment.

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. Each entry in E and C’s written statements;

1. Entry of the police officer's 112 reported case handling table, and notification of departments related to the reporting of 112 cases; and

1. Application of each of the related visual Acts and subordinate statutes;

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. Reasons for sentencing [the range of punishment under law] Article 62(1) of the Criminal Act of the suspended sentence [the range of punishment under a favorable sentence among the reasons for sentencing] [the range of punishment under a law] six months to five years (the case of discretionary mitigation] [the decision of a sentence] - violent crime, special injury, repeated crime, injury by special injury] - Type 1 (special injury): - mitigated element: Insignificant injury, non-Mitigation of punishment [the general person] - mitigated element: minor injury, serious reflect [the range of recommendation] special mitigation area, 2 months to one year [the range of punishment under a special mitigation area] from 6 months to 1 year [the minimum of statutory punishment under a minimum of statutory punishment, and thus the minimum of statutory punishment is below the minimum of statutory punishment] - Where the defendant committed a dangerous crime by carrying dangerous things, it shall be clear that the defendant committed a special injury, dangerous social relation with the suspended sentence - for a period of not less than one year to 6 months and one year from 6 months to 1 year [the minimum of statutory punishment under a minimum of statutory punishment]