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(영문) 전주지방법원 군산지원 2016.12.21 2016고단1141

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

around 21:50 on October 9, 2016, the Defendant, at the main point of “D” operated by “D,” located in the Dosan-si, Jeollabuk-do, Jeollabuk-do, where he and one time ended with the Defendant, neglected the Defendant, and went to the table of the victim E (the age of 48) who is another customer, and boomed with the victim on the ground that he and she was frighted with the victim, and frighted with the victim as an dangerous object, and her head was reatted with the victim again.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as cerebral sye, which does not have two or more situations in which treatment is required for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographss of victims and photographs of damaged parts;

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. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is [the scope of recommending sentence] general injury [the range of recommending punishment] [the person under special jurisdiction] committed by the threat of organization or multiple groups, or carried a deadly weapon or other dangerous articles (except where the crime group of habitual injury, repeated injury, and special injury is applicable] [the decision of sentencing] the defendant is against his/her mistake, and other circumstances which form conditions for sentencing, such as the defendant's age, character and behavior and environment, the background leading to this case, degree of damage to the victim, circumstances after the crime, etc., shall be determined as per the order of recommendation within the scope of recommending punishment, taking into consideration the following circumstances: