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(영문) 광주지방법원 순천지원 2019.05.22 2019고단397

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 03:40 on February 2, 2019, the Defendant introduced the Victim F(35 years of age) and G, who is his/her successor, from “D” drinking house located in “D,” which was operated by the Victim B, through E, which was known to the usual sense, and performed alcohol in company with him/her.

1. The Defendant suffered special injury: (a) while drinking alcohol at the above date, at the above time, and at the above place, H and G were in the process of drinking alcohol; (b) on the ground that the victim F was frighting to G; (c) the victim frighting to G; and (d) on the ground that the above victim frighted to live as fright, the Defendant collected fright-in disease, which is a dangerous object, and led the victim to a two-time open situation where approximately two weeks of treatment is required.

2. The Defendant destroyed and damaged property by setting up two gas burners, where the market price owned by the victim B cannot be identified, at the above date, at the above time and at the above place, F and Sifa, as seen above, on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of B and F;

1. On-site and photographs of damage;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 366 (1) of the Criminal Act (the point of causing special injury) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed in the course of trial and records of this case, such as the circumstances unfavorable to the defendant, the fact that the defendant was faced with a main illness, which is a dangerous object, and the nature of the crime is not good; however, the defendant's recognition of and reflects on the crime; that the victim of a special injury was smoothly agreed with the victim; that there was no record of a suspended sentence or more, and that there was no record of a suspended sentence or more.