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(영문) 전주지방법원 2018.11.29 2018고단1917

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

around 00:05 on August 18, 2018, at C main points located in Yansan-gu, Jeonsan-si B, the Defendant, while drinking alcohol together with the victim D (the remaining, 59 years of age). The Defendant, on the ground that the Defendant was under the influence of alcohol while drinking alcohol. The Defendant, on the ground of beer’s disease, who was a dangerous object on the floor where the Defendant was able to dumbbbling the Defendant, carried the Defendant on one time to the head of the victim, and caused the Defendant’s injury, such as a dump, which was in need of approximately two weeks of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol concerning the examination of suspects of D;

1. A report on internal investigation (on-site conditions, etc.);

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 (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the recommended punishment [the scope of the punishment [the scope of the recommended punishment] the area of mitigation of punishment [the scope of the recommended punishment] the area of mitigation of punishment [the scope of the recommended punishment] from six months to one year (the correction according to the lower limit of the applicable punishment]; and

3. In this case, when considering the risk, etc. of the method of the crime, the following facts are considered: (a) the Defendant, while drinking alcohol, has inflicted an injury upon a victim of the same elementary school, who is a person with no special reason, in light of the content of the crime; (b) even if having been punished by a fine on several occasions for violence or various crimes, recidivism is disadvantageous to the Defendant.

However, the motive or circumstance that the Defendant recognized all the facts charged in the instant case and expressed his intention of reflection against the mistake, agreed to do so, and that the Defendant committed the instant crime in advance from the injured party.