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(영문) 제주지방법원 2019.08.08 2018고단542

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 16, 2017, around 09:00, the Defendant her drinking with the victim C(the age of 49) in Jeju-si, and brought about a dispute with the victim, with his/her own left hand, and her flab flabed on his/her flab, and her flab, which is a dangerous thing at that place, laid on his/her flab, and her hand flabed on his/her flab, and laid down his/her left flab on his/her hand.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as damage to the reputation of the left one, which requires treatment for about two weeks.

Summary of Evidence

1. Each prosecutor's office and police statement concerning C;

1. Application of Acts and subordinate statutes to the head of a complaint, a medical certificate, a criminal investigation report (including telephone conversations, etc. of a shot person D), a criminal investigation report (Attachment to a knife photograph), a knife photograph, a criminal investigation report (Attachment to a copy of

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is an unfavorable circumstance, such as the following: (a) the crime of this case was committed with a knife knife knife, which is a dangerous object, and inflicted an injury on the victim’s left side by displaying the victim several times to the victim; (b) the crime is bad; (c) the defendant was committed several times including two times of suspended sentence of imprisonment with prison labor; (d) the defendant was unable to agree with the victim; and (e) the defendant did not have any effort to recover from damage; and (e) the defendant did not seem to have any attitude contrary to the denial of the crime of this case.

However, the degree of damage is not very heavy, and it is a favorable situation.

In addition, various sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, environment, means and result of the crime, circumstances after the crime, etc., and the circumstances of this case, and the relationship between the defendant and the victim shall be determined as the disposition.

[Sentencing Criteria - Violence Crime Group, Special Injury, Bodi Bodi Bodi Bodily Injury, Type 1 (Special Injury, etc.)