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(영문) 광주지방법원 순천지원 2018.10.26 2017고단2674
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is a person who enters the Republic of Korea on December 21, 2016, and engages in fishery products processing business, with his/her nationality, at C companies engaged in fishery products processing business.

On November 11, 2017, the Defendant, at around 22:30, 2017, called “E” restaurant in which finine dines frequently gather with the beer, and, under the influence of alcohol, she was influencing “a strong person if he has stringed it once and once” and led to a disturbance out of the above restaurant as the F, an operator of the said restaurant.

Since then, the defendant re-enters the above restaurant into the above restaurant at around 23:50 on the same day, he saw the brick ( approximately 12 cm wide, about 10 cm high, about 6 cm high) which is a dangerous object in the above restaurant as his hand, and Da Da l l l l h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h, h h h h h h h h h, h h h h h h h h h, h h h h h h h h h h h h h h h h.,

이로써 피고인은 위험한 물건 인 위 벽돌을 휴대하여 피해자 G에게 약 3 주간의 치료가 필요한 두피의 열린 상처 등의 상해를, 피해자 H에게 약 2 주간의 치료가 필요한 귓바퀴의 열린 상처 등의 상해를, 피해자 I에게 약 2 주간의 치료가 필요한 팔꿈치의 타박상 등을 각 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement by a witness I and H;

1. Application of Acts and subordinate statutes to each injury diagnosis certificate and photographs;

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

1. Article 62(1) of the Act on the Suspension of Execution does not reflect the fact that a large number of people were injured by an extreme method without any justifiable reason in the sentencing of Article 62(1) of the Criminal Act, which does not constitute a very high quality of the crime, and is consistent with the uncomfortable vindication for the circumstances of the crime.

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