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(영문) 광주지방법원 2016.07.21 2016고단1582

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Around 05:40 on February 5, 2016, the Defendant, while drunk in the “D” line located in Gwangju Northern-gu, Gwangju, suffered injury to the victim E, a customer, without any justifiable reason, due to the sudden loss of the victim E, and caused about 500 c glass bars, which are dangerous articles in which the victim E had drinking, on about 14 days of medical treatment, on the ground that the Defendant 5 times off the part of the above victim with approximately 14 days of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. A statement of the F;

1. A victim's photograph;

1. Application of Acts and subordinate statutes of the victim Eth medical certificate;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was punished by imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act in the field of interest support by the head of the Gwangju District Court on April 2, 2015, and was sentenced to six months of the suspension of execution and two years of the suspension of execution as of April 10, 2015, and the above judgment became final and conclusive on April 10, 2015, and committed a special bodily injury, which is punishable by a statutory penalty, as long as the Defendant committed a crime of imprisonment with prison labor for a period of suspension of execution, even though he/she is not well-founded,

Due to the unfavorable circumstances that the defendant, who is a dangerous object without a clear reason, inflicted an injury upon the victim by getting off the part of the victim's body at several times with 500cc glass and the nature of the crime is not good, and the damage to the victim has not been recovered, etc., the defendant seems to have a difficult aspect to control his behavior due to the following reasons: from December 13, 2014 to 113 days; from June 20, 2015, from June 20, 15 to 157 days after alcohol dependence on alcohol; and from the depression of symptoms with mental symptoms to undergo hospitalized treatment due to dume, etc.