특수상해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On March 26, 2018, the Defendant, at the home of the Defendant located in Seocheon-si C, around 02:30 on March 26, 2018, drinked with the Victim D (Min, 74 years of age), with the Victim “Nein Women”;
Whether a man is a man
The horses, such as “the victim’s face and chest were taken back by drinking,” the victim’s chest was cut off by her chest, and the victim’s head was a tree chair, a dangerous object.
As a result, the Defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open wound, which requires approximately three weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. On-site photographs and photographs of each victim;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Where he/she commits a crime by carrying with himself/herself any deadly weapon or other dangerous articles, the punishment of which is to be specially aggravated for two months or one year from the punishment of which is to be mitigated, in the scope of general bodily injury according to the sentencing criteria;
2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.
Disadvantageous circumstances: The nature of the crime and the circumstances of the crime are heavy, because the person is a tree, who is a dangerous object, and is inflicted an injury by means of unloading the head of the victim's head.
Defendant has been punished by a fine due to an injury in 2012 and a fine due to an assault by a driver in 2013.
The favorable circumstances: The mistake is recognized and reflected.
The victim shall be paid 4.5 million won for compensation for damage, and the victim shall be punished by the defendant by the agreement by paying the victim's principal amount of the Health Insurance Corporation due to this case.