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(영문) 광주지방법원 목포지원 2018.11.16 2018고단884

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 5, 2018, at around 21:30, the Defendant: (a) was in a restaurant of “C”, and (b) the victim D (34) who was a customer who was seated next table B, kidd on the horse made by the Defendant; (c) was able to see the Defendant’s desire to “Peume” as a dangerous article on the table of the Defendant; (d) 500CC glass Cup, which was a dangerous article on the table of the customer, caused the Defendant’s bodily injury to the victim, such as an open body, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes of a medical 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] The scope of punishment under Article 62-2 of the Act on the Protection and observation of Protection and the Punishment of Social Service [the scope of punishment] In the mitigated area of Category 1 (Special Bodily Injury), [the person who has been specially mitigated] [the person who has been subject to punishment, including efforts to recover damage] or where considerable damage was restored (the decision of sentence] [the defendant has a history of being sentenced to criminal punishment of fines twice by violence, but there is no history of being sentenced to criminal punishment in addition to fines, and there is no history of being sentenced to criminal punishment in addition to fines, confession and reflects the crime of this case, and agreed with the victim, etc., the punishment shall be determined