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(영문) 창원지방법원 2020.10.30 2020고단2451
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 00:50 on July 11, 2020, the Defendant suffered injury, such as damage of double sprinke, which requires medical treatment for about three weeks, on the part of the victim, due to beer's disease, which is a dangerous object in the table, and whose calculation of the drinking value with D (59) who is a workplace partner at C's store located in Kimhae-si B.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant concerning D's court statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the victim was the victim who was at work with his/her time spent due to the payment of the drinking value, and that the victim was the victim's sculls.

In light of the method of crime and the degree of damage, etc., the nature of the crime is not good.

However, the Defendant recognized the instant crime and reflected the mistake.

After committing the crime, the Defendant paid 4 million won to the victim as hospital expenses, and agreed with the victim.

There is no criminal record for the defendant.

In addition, the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered.

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