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(영문) 광주지방법원 2017.04.12 2017고단769

특수상해

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 17, 2017, the Defendant, at the “C” restaurant located in Seo-gu, Seo-gu, Gwangju on January 23:15, 2017, talked about a business issue with the victim D (the victim D (the victim D, 50 years of age) who was a middle school operator and drinking, and the victim sawd on the face of the Defendant, which was a dangerous object used by the victim for drinking alcohol on the face of the Defendant. On the other hand, the Defendant continuously sold the part of the victim’s head to the victim by hand, and continued to put the victim into the inside of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Each investigation report (to attach photographs to the upper part of the victim's inside, to the goods used by the victim at the time of the assault, to attach C CCTV image data taken at the time of the assault);

1. Application of Acts and subordinate statutes to a report on internal investigation;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria are not set for special injuries.

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence) and the face of a person who clads the person in question with a glass cup shall not be a very dangerous act in light of the implements of a crime or other aspects of the crime;

However, the defendant seems to have inflicted a wound on the face of the victim who sited for drinking and drinking, and there seems to have been no intention to enter the above body by using glass cup (However, dolusent intention is sufficiently recognized). There are circumstances to consider the defendant's face first as a matter of the case that the victim was strekeing the defendant's face, the defendant had been punished for violent crimes, but all of them had been punished for 2004 years, and the victim was not punished.