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(영문) 창원지방법원 진주지원 2019.07.25 2018고단1171

특수상해

Text

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

Reasons

Punishment of the crime

Around 00:01 on July 27, 201, the Defendant stated that “C” entertainment drinking club No. 5 located in Sacheon-si B was “C” to the victim D (the age of 43) who is an entertainment entertainment reception receptionist who was present at that place, and collected the glass, which is a dangerous object on the table, and served the victim’s face, and was consistent with the victim’s left eye, the victim’s eye, and the victim’s face.

Accordingly, the defendant carried dangerous things with the victim, who suffered an injury to an open wound that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (such as current situations at the time of dispatch to the site);

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type) for violent crimes: Special injury, repeated crime [Type 1] special injury (including special person who has committed serious efforts to recover damage], or damage recovery to a considerable part (including the scope of recommending and recommending punishment), reduced area, imprisonment for four months through one year (the scope of recommending punishment corrected according to the applicable sentencing guidelines). 6 months through one year.

3. The sentencing conditions indicated in the records, such as the Defendant’s age, occupation, character and conduct, family relationship, etc., shall be determined as the order, taking into account the unfavorable circumstances that the Defendant committed the instant crime without being sentenced to the suspended sentence, and taking into account the favorable circumstances that the victim agreed with, and taking into account the following factors: