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(영문) 수원지방법원 성남지원 2019.09.24 2019고단1611

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 22:30 on March 15, 2019, the Defendant provided alcohol to the victims of entertainment-related relationship D (the age of 61) together with the victim’s daily behaviors in the building of Gangwon B and the “C dan” of the fourth floor.

이후 피고인은 피해자와 술값 계산문제로 시비가 되어 피해자가 “왜 우리가 먹은 음식은 계산하지 않느냐 ”라고 말하였다는 이유로 격분하여 “나를 무시하냐.”라고 소리를 지르며 그곳 테이블 위에 있던 위험한 물건인 빈 맥주병을 집어 든 다음 피해자의 얼굴 왼쪽 눈썹 부위를 1회 내려쳐 피해자에게 치료 일수 불상의 왼쪽 눈썹 부위가 찢어져 5바늘을 꿰매게 하는 상해를 가하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a written agreement and confirmation of the relative damage inflicted on the victim), investigation reports (the counter phone investigation of the shootingr E);

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act appears to be the attitude of the defendant to make a confession of and reflect against the crime at the trial stage, the degree of injury suffered by the victim is not much serious, the defendant has agreed to make a smooth agreement with the victim, the defendant has no other criminal records, in addition to the one-time imprisonment, etc., taking into account the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances of the sentencing conditions, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the scope of recommendations according to the sentencing guidelines (reduction range, 6 months to 1 year)