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(영문) 제주지방법원 2019.07.19 2019고단267
특수상해
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:50 on November 3, 2018, the Defendant, at the main point of “D” operated by the victim C (n, 37 years of age) in Jeju-si, on the ground that employees are bad, was under the influence of alcohol on the part of the victim, and the Defendant was faced with the victim’s disease, which is a dangerous object under the influence of alcohol, and the strike led the victim to approximately two weeks of treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement made by the police officer C on the statement; and

1. Entry in a petition filed by C;

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Descriptions of a medical certificate to C in preparation of doctor E;

1. Application of each of the visual Acts and subordinate statutes to each photograph;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing [the range of sentence to be imposed under the law] Article 62(1) of the Criminal Act (the period of sentence to be imposed in a more favorable condition among the reasons for sentencing) [the range of sentence to be imposed under the law] 6 months to 5 years (the case of discretionary mitigation] [the decision of a sentence to be imposed] - violent crime, special injury, repeated crime, injury by special injury ] - mitigated element - mitigated element - mitigated element (the special person to be imposed : general person] - mitigated element (the general person to be mitigated] - mitigated range : mitigation range : mitigation range ; 4 months to 1 year [the range of recommendation range ] sentenced to mitigation range ; 6 months from 4 months to 1 year (the minimum limit of the punishment to be imposed under the minimum limit of the statutory punishment; thus, the minimum limit of the punishment is above the minimum limit of the punishment punishment ] - Where a dangerous element is carried with a dangerous article - there is no general positive social reason: social relation - imprisonment with prison labor for more than one year and one half year ].

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