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(영문) 제주지방법원 2017.06.09 2017고단835
특수상해
Text

A defendant shall be punished by imprisonment for six 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

On November 18, 2016, around 23:55, the Defendant: (a) had been in dispute with the victim D (53 tax) who performed drinking in the next place while drinking alcoholic beverages together with the fees at the “C” restaurant located in Jeju-si B; (b) had been in dispute with the victim; and (c) caused the victim’s bodily injury, such as two dives, which requires approximately two weeks of treatment, by taking the victim’s head out of the said restaurant; and (d) had the victim’s head outside of the said restaurant one time before the said restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A by the police;

1. On-site and damaged photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the punishment shall be determined as ordered by taking into account the following circumstances, including the Defendant’s age, sexual conduct, environment, circumstances, and circumstances after the commission of the crime.

The fact that the crime is recognized, the fact that the form of the crime is very dangerous due to the beer's illness agreed with the victim, and the fact that there is a violation of the Punishment of Violence, etc. Act (at night and joint injury) in 2013, a fine of 70,000 won has been punished.

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