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(영문) 제주지방법원 2017.07.13 2017고단341

특수상해

Text

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

Reasons

Punishment of the crime

On November 16, 2016, the defendant was sentenced to two years of suspension of execution for a violation of duties at Jeju District Court on April 24, 2016, and such judgment has become final and conclusive, and is currently under the grace period, and on April 26, 2017, the defendant was sentenced to two years of suspension of execution for six months of imprisonment for a violation of duties at Seoul Southern District Court on April 26, 2017.

5.5 The above judgment became final and conclusive.

On February 12, 2017, at the main point operated by the victim C (n) in Jeju City around 02:50 on February 12, 2017, the Defendant met the victim's bucks with the consent of the victim while drinking together with the victim.

In addition, the Defendant asked the victim as to whether he was faced with the victim’s bridge, and whether he was faced with the victim, and asked the victim, and the victim was refused to do so, and the Defendant left the part of the victim’s fright with the glass, which is a dangerous object on the customer’s face.

As a result, the defendant carried dangerous articles and damaged the reputation of the head in need of treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. 112 Reporting case handling table;

1. A report on internal investigation (Attachment of a medical certificate of injury);

1. Application of a reply to inquiries, such as criminal history, and application of the provision of Part I of the Seoul Southern District Court Decision 2017 Height 131;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: All of the conditions of sentencing specified in the argument of this case for the sentencing of Article 39(1) shall be taken into account; in particular, the following conditions shall be considered: reflects: the fact that an agreement is made with a victim; equity in a case where a judgment was rendered with a obstruction of business that became final and conclusive; and the fact that a person supports a woman in a case where a judgment was rendered with a obstruction of business that became final and conclusive; there was a career of being punished several times for violent crimes; and even during the suspension of execution due to a obstruction of business, the crime of this case