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(영문) 제주지방법원 2016.12.21 2016고단1436
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 01:55 on March 13, 2016, the Defendant: (a) 2, “Dju store in Jeju-si,” which is a business owner; (b) 2, “Dju store,” which is a studio, was placed on the table; (c) was placed one time on the back side of the victim’s left side; (d) was placed at one time on the back side of the victim’s left side due to drinking; and (e) was placed at one time on the part of the victim’s head, such as the victim’s breaking over the chest part of the victim’s chest, and then the victim’s head, who moves out of the studio, caused the victim’s injury to the character of the head unknown for about 10 days and the studio.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A report on internal investigation (to be accompanied by opticians who have suffered damage), a report on 112 cases handling table, and an investigation report (report on the F telephone call of a witness);

1. A medical certificate of injury, and a record book of an emergency exit;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The circumstances that are favorable to the determination of punishment as stated in the order, considering the following circumstances as the reasons for sentencing under Article 62-2 of the Social Service Order Act: The fact of crime is recognized and reflects the fact of crime; the victim shall be paid an agreed amount of three million won after the conclusion of pleadings and the victim shall not want criminal punishment; the victim shall not have any record of criminal punishment heavier than a fine: The crime is not good in light of the Criminal Code; the victim shall have the record of criminal punishment three times for violent crimes; the victim shall have the record of having been sentenced to criminal punishment on September 18, 2015; and the victim has the record of having been suspended from prosecution on September 22, 2015 due to violence: The circumstance of this case; the degree of injury inflicted on the victim; the defendant's age, character, conduct, environment, etc.

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