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(영문) 제주지방법원 2018.08.14 2018고단460
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 19:15 on October 11, 2017, the Defendant, while eating with a pregnant wife in the E-cafeteria operated by the victim D (at the age of 47), refused to pay the price, and caused a dispute with the victim by refusing to pay the price. As a result, the Defendant, while fighting with the victim, had the victim pushed the victim by hand while fighting with her body, had the victim pushed the victim by hand, and had the victim do so, which is a dangerous object in the surrounding area, then had the victim take up one stop of the last part of the body of the victim, and had the victim take up an open part of the part of the head of the 21-day medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Each police statement made in relation to D, F and G;

1. A draft medical records in an emergency room;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (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. The following facts are considered: (a) protection and observation, Article 62-2 of the Social Service Order Act provides that a defendant with reasons for sentencing under Article 62-2 of the same Act has no record of being punished for the same kind of crime; (b) recognition of the crime; and (c) details leading to the crime of this case (the defendant seems to have been abused first by the victim); (d) the degree of injury to the victim; and (e) the defendant’s age, environment; and (e) circumstances

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