beta
(영문) 제주지방법원 2019.05.17 2018고단1742

특수상해

Text

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.

Reasons

Punishment of the crime

At around 04:40 on June 20, 2018, the Defendant, while drinking together with the victim D (W, 19 years of age) at the main point of “C” located in Seopopo City B, Seopopoposi, 2018, putting an empty small-scale disease on the table of the victim as his hand, putting the head of the victim at one time, putting the bottom of the victim’s right eye, requiring approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

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. Entry of the written statements of D;

1. To make a report on investigation into the police (to contact by a shot E phone);

1. Statement of a letter of general diagnosis on D in preparation of doctor F;

1. Application of each of the visual Acts and subordinate statutes to field evidence photographs;

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, Article 59 of the Act on Probation, etc. [the scope of punishment by law] 1 year or 10 years [the determination of a sentence] - violent crime, special injury, repeated crime, injury, special injury (special injury ] - mitigated element] - endeavored to recover damage (general person] - mitigated element : serious half [the scope of recommendation] mitigation area, 4 months to 4 months or 1 years [whether suspended sentence is suspended] - Major reasons for positive participation: Efforts to recover damage - Where a person commits a crime by carrying dangerous articles with him/her, there is no criminal conviction for affirmative participation: contingent crime, serious reflectness, or criminal conviction for suspended sentence or more.