beta
(영문) 수원지방법원 성남지원 2019.06.12 2019고단372

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 became final and conclusive.

Reasons

Punishment of the crime

On January 8, 2019, at around 03:20, the Defendant, while drinking alcoholic beverages at the Dannam-si Regu Building B, and the 'C' restaurant in the first floor, was the victim D (18 years of age) who was eating in the table table, and the small-scale disease, which is a dangerous object in the table table at the location of the victim, was the victim's head three times, and suffered injury, such as the victim's head, left-hand hand, and damage of the victim's reputation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act [the decision of types] for a special injury by injury and repeated crime [the category 1] special injury [the person in special form] - mitigated elements: In cases of relief of injury (including serious efforts to recover damage) or considerable damage (the area of recommendation and the scope of recommending punishment] mitigation area, months to 4 months [the scope of recommended punishment corrected by applicable sentences] 6 months to 1 years (the lowest limit of sentencing range recommended by the sentencing guidelines is applicable to cases where the lowest limit of sentencing range recommended by the sentencing guidelines differs from the statutory minimum limit of applicable sentences)] 6 months to 1 years (the decision of sentencing range is based on the statutory minimum limit of applicable sentences) of imprisonment [the decision of applicable sentences] under the circumstances that disadvantage the head of a small-scale disease, such as the fact that there is no power to commit a crime exceeding the same kind of criminal power or fine, the fact that the injured party has agreed to agree with each other, etc.;