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Reasons
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(영문) 제주지방법원 2020.08.26 2020고단702
특수상해
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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 02:16 on February 20, 2020, the Defendant expressed the victim’s desire to “C” at the main point of “C” located in Jeju-si B, and received the victim’s desire to talk with the victim D (n, 48 years of age) and E that he would not take the victim’s bath without any justifiable reason while drinking together with the victim’s D (n, 48 years of age) and E.e., during drinking, and expressed the victim’s desire to “Ispher. Ispher. Ispher. Ispher. Ispher. Ispher. Ispher. Ispher. Ispherd the victim’s face and added it into the victim’s left part, etc. by taking advantage of the fact that he was placed on the table of the victim’s face.

As a result, the defendant carried dangerous objects and put up one percent image on the left side of the victim who needs treatment for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs taken by video stations;

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

1. Articles 55 and 53 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The following facts are comprehensively taken into account: (a) the method of committing the instant argument for sentencing under Article 62-2 of the Social Service Order Act was dangerous; (b) there was no agreement; (c) there was no possibility that the Defendant was punished for a crime exceeding the fine for the same kind of crime; (d) the Defendant’s age, character and conduct, family relationship, environment, circumstance and consequence of the crime; and (e) the circumstances shown in the instant argument, including the circumstances after the crime, etc.

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