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(영문) 의정부지방법원 2018.12.20 2018고단4678
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B ( South, 49 years old) are those who work in the same occupation.

On October 17, 2018, the Defendant drinks with the victim B in “D” located in 00:20 around 00 on October 17, 2018.

The victim's defect by dividing the drinking value, and the defendant's "hump hump hump hump hump hump hump

“In doing so, beer disease, which is a dangerous object on the table, was laid down in hand, and the victim gets off the back water part of the victim, and the victim got out of the floor by drinking to the left part of the victim.

The Defendant continued to go on the back of the victim’s face, and continued to go back to the victim’s face, and continued to go on the victim’s face, “hing away from the side of the fright and spawning.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. The scene of the case, photographs of the damaged body, and photographs of the damaged body;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements concerning injury to a victim) and a report on investigation (to confirm whether an injury to a victim is committed);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of various circumstances, such as the circumstance leading up to a crime recognized by evidence duly adopted and investigated by the court, the method and method of the crime, and the defendant’s behavior before and after the crime, determination of the mental disorder of the defendant under Article 62-2 of the Criminal Act on the observation of protection and observation, it is not deemed that the defendant did not have or lacks the ability to discern things at the time of the crime.

Reasons for sentencing

1. Six months to five years from the imprisonment with labor for a prison labor within the scope of punishment by law;

2. The scope of punishment recommended on the sentencing criteria [the types of decisions] violence.

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