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(영문) 창원지방법원진주지원 2020.10.14 2020고단1485

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a taxi engineer on July 1, 2020, while carrying out meals at the “C” labor union office located in Jinju-si B on July 1, 2020, and with the victim D(52) and drinking, has a dispute with the victim.

In addition, as a result, the head of beer disease, which is a dangerous object on the table, was cut off, and the victim suffered bodily injury such as two-time openings requiring treatment for about three weeks.

In this respect, the victim was injured by carrying dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Scope of the recommended sentence according to the sentencing guidelines: From six months to one year (amended according to the applicable sentences), the special injury, or injury by repeated crime (category 1) of imprisonment for six months;

2. The risk of committing a crime is high by unloading from the beer who has been sentenced to punishment to the head of a victim;

However, there is no punishment for the past about 20 years.

The victim shall not be punished by an agreement with the victim.

The degree of damage shall be taken into account.