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(영문) 광주지방법원 2017.07.05 2017고단2098
특수상해
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 02:35 on March 24, 2017, the Defendant: (a) while drinking alcohol at the main point of “C” located in Gwangju Nam-gu, Nam-gu, Gwangju; (b) on the ground that the said main owner of the said main shop said that he was under the influence of alcohol, and said, the Defendant: (c) inflicted an injury on the part of the victim D (30 years of age) who is a table customer, on the ground that he was boomed by the said main shop owner; (d) on the ground that he was under the influence of alcohol; and (e) on the ground that he was under the influence of alcohol, the Defendant: (c) caused the Defendant’s injury on the part of the upper left-hand left-hand side, which

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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

1. An offense for which the sentencing criteria are not set;

2. Determination of sentence: Imprisonment with prison labor for not less than eight months (two years of suspended sentence), taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after committing the crime, the sentence shall be determined as ordered.

Unfavorable circumstances: Risk is reasonable in light of the tool used for committing the crime as a matter of flaging the face part of the face part, which is a matter of flaging the upper part of the disease.

There is a record of punishment for violent crimes.

A favorable normal situation: It seems that there is no conclusive intention to enter the victim's standing.

The degree of injury is not severe.

There is no history of punishment exceeding a fine.

The crime was led to confession.

The mistake is divided.

A victim shall not be punished by a defendant because he/she has agreed with the victim smoothly.

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