특수상해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 18:00 on December 20, 2018, the Defendant, while drinking alcohol with the victim D(50 years of age) in the C cafeteria located in Yongcheon-si B, Chungcheongnamcheon-si, Gyeongcheon-gu, 2018, had a dispute with the victim as a matter of money with the victim, and had the victim's disease on the floor, which was a dangerous object in the table that the victim was able to be prevented from drinking. Accordingly, the Defendant got the victim's mash with the victim's disease, which was an object at risk in the table that he was able to be prevented from drinking, and caused the victim to have approximately two weeks of medical treatment.
Accordingly, the defendant used dangerous objects to inflict bodily injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to medical certificates attached to investigation reports (Evidence Nos. 4);
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of applicable sentences under law: Six to five years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] - the mitigation element] or considerable damage is recovered [the scope of the recommended punishment and the recommended punishment] mitigated area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the sentencing guidelines] for six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines differs from the statutory minimum limit of the sentencing range, so the minimum limit of the sentencing range of the recommended by the sentencing guidelines differs from the statutory applicable sentencing range, the two persons shall be sentenced to suspension of execution] - There is no person who has a major pride (including a serious effort to recover damage) - The grounds for suspension of execution of punishment (including a serious effort to recover damage): there is no previous conviction above the suspension of execution of sentence.
3. Determination of sentence: Records, such as the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the arguments in this case.