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(영문) 광주지방법원 2019.03.28 2018고단5127

특수상해

Text

A defendant shall be punished by imprisonment for 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

At around 20:00 on December 14, 2018, the Defendant, while under the influence of alcohol at C frequency in Gwangju-gu, Gwangju-gu, a dangerous object on his customer, was placed on the back head of the victim D, who was a customer by the customer, and caused approximately two weeks to the victim's face, and caused the victim's loss of eye, eye, snow, and other character of eye, and the impairment of the two skins.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act;

1. The act of taking the main disease, which is a dangerous object, of the defendant for the reason of sentencing in Article 62-2 of the Probation Criminal Act, into the head of the victim who is a sudden offender, is highly likely to criticize because the risk is not considerable.

However, in consideration of the fact that it is difficult to see that the victim's injury is serious, that 15 years have passed since the punishment of a fine was imposed for the same kind of crime in 2003, that the victim lives without any criminal power, and that the defendant's health condition, etc., the execution of a sentence shall be suspended on condition of probation and the sentence shall