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(영문) 수원지방법원 여주지원 2019.08.27 2019고단625
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 a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2019, the Defendant: (a) around 12:00, at the “C Hospital” restaurant located in Ischeon-si B, the victim D (the age of 51) who was seated by the Defendant was in a dispute with the Defendant for the reason that it was difficult for the Defendant to communicate with the Defendant. On the other hand, the Defendant sold the victim’s epoch, which is a dangerous object of his/her hand for the purpose of carrying out the meals, at one time, and carried out an open eye and an open eye for 14-day treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the statement of D (including 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. 6 months to 2 years (basic areas) from the scope of recommendations;

2.The risk of the decision of the sentence and the attitude of the act shall be taken into account the unfavorable circumstances;

However, it is advantageous to the fact that there is no record of punishment after being punished for the same kind of crime in around 2002, such as the fact that the person is dead and reflect, that there is an aspect of the victim's initiative, that one million won has been deposited for the victim, that there is no record of punishment after being punished for the same crime, etc.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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