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(영문) 수원지방법원 안양지원 2019.11.27 2019고단1727

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

At around 23:40 on June 21, 2019, the Defendant collected beer residues (capacity: 500CC), which is a dangerous object on the table table, while drinking alcohol together with the members of the club, including the victim D (the victim D(the 41 years of age), and suffered injury to the victim, such as an open top room, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of each damaged part photograph, on-site image CD-related statute;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six months to five years; and

2. The basic area of recommendations according to the sentencing guidelines (decision of types of punishment) that there is no type 1 (Special Bodily Inflicting Persons) (the scope of recommendations and recommendations), the basic area of punishment (the scope of recommendations and recommendations), and six months to two years.

3. In full view of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

The crime of this case was committed in a manner that the defendant prices the head of the victim at the drinking place, and the nature of the crime is heavy in light of the method and form of the crime.

The degree of injury suffered by the victim is not easy.

Defendant was liable for damages or did not reach an agreement with the victim.

The favorable circumstances: The defendant acknowledges and reflects his fault.