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(영문) 창원지방법원 진주지원 2018.11.28 2018고단1012
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 1, 2018, the Defendant, at around 9:10 on July 1, 2018, c 'C' entertainment week 305 in Gangnam-gu Seoul, with the victim D (son, 22 years of age), thought that the victim was in drinking alcohol and neglected his/her talks with the victim's face at one time due to the rest of drinking, and continued to catch the victim's name with one hand and inflict on the victim two-day glass cup, which is a dangerous thing on his/her customer, and caused the victim to suffer injury, such as two-day medical care.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and body photographs of an injury;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Recommendations for the application of the sentencing criteria: Persons who are subject to special sentencing from April to one year (the area of mitigation): No penalty shall be imposed;

2. Determination of sentence of this case risks the method of committing the instant crime, and the outcome thereof is not easy.

However, the fact that the defendant has no record of punishment due to violence, and that the agreed fact is favorable.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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