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(영문) 제주지방법원 2019.10.11 2019고단1141

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 23:05 on May 23, 2019, the Defendant drinking alcohol with the victim D(22 years of age), a high school holdr, etc., and drinking alcohol with the victim D(22 years of age) in the CP, which was located in B at Jeju on May 23, 2019. The Defendant left the victim's left face part of the victim's left face one time, and put the victim's left part of the treatment days where the victim's left part of the 4cm knife is cut.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement made by the police about D's written statement; and

1. Each entry in the D and E statements;

1. A report on internal investigation by the police (in addition to a photograph of the body of the victim) and a video (including attached documents);

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Application of each of the related visual Acts and subordinate statutes;

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 extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [the scope of punishment under law] 6 months - 5 years (in cases of discretionary mitigation ] / Determination of types of punishment / violent crimes, special injury, repeated crime injury, special injury (special injury): - mitigated elements : in the case of reduction : in the case of a person not subject to punishment [general person] - in the case of a person subject to punishment (general person subject to punishment : the person subject to punishment : the person subject to punishment : the amount of mitigation : the amount of mitigation / [the scope of recommendation ] range of mitigation / 4 months to 1 year [the scope of revised punishment ] sentenced to imprisonment 6 months from 6 months to 1 year (the minimum limit of the punishment subject to punishment under law, as the minimum limit of the punishment subject to punishment under law is lower than the minimum limit of the punishment under law) / [the person subject to suspended sentence] - The person subject to punishment - the person subject to punishment :