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(영문) 전주지방법원 남원지원 2018.11.14 2018고단175

특수상해

Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

On August 3, 2018, the Defendant, at around 21:40, performed drinking together with the victim D (45 tax) who was frightened in the direction of “C” located in B, and the Defendant collected beer disease, which is a dangerous object on the table, and assessed once the back head of the victim’s back head on the left side on the ground that the victim neglected the Defendant, who was a vessel.

As a result, the Defendant, while carrying beer disease, who is a dangerous object, inflicted injury on the victim, such as sugars without an open room for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A medical certificate;

1. Application of statutes on site photographs;

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 (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds 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. Reduction elements of sentencing criteria [the types of determination] applicable [the scope of punishment] mitigation element of type 1 (special injury) (special sentencing person): Reduction element of punishment [the scope of recommendation range] mitigation range of punishment [the scope of punishment recommended] minimum of sentencing range recommended by imprisonment with labor for six months (or for four months) which is lower than the minimum of applicable sentencing range (for six months) under this Act, the minimum of applicable sentencing range in law set the recommended minimum of applicable sentencing range set by law.

1 year;

3. The crime of this case by which the sentence of sentence was rendered is highly likely to be committed by the defendant due to the beer's illness by committing the crime of this case, and the risk of the act itself is very large and poor.

The defendant has a record of being punished for an act of violence once.

These circumstances are disadvantageous to the defendant.

However, the fact that the defendant is against the defendant, and the victim does not want the punishment of the defendant by the defendant's agreement with the victim.