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(영문) 제주지방법원 2020.08.21 2020고단1198
특수상해
Text

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

except that 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 18:20 on April 5, 2020, the Defendant: (a) stated that “A victim D (main and 50 years of age) who performed drinking together at a “C” restaurant located in Seopo-si B (C) appears to have a strong attitude; (b) stated that “I have come to go through her seat,” and boomed the victim’s disease, which is a dangerous object on his/her table, and she boomed the victim’s disease; (c) boomed the victim’s disease on the part of another bomb in his/her bomb; and (d) assaulted the victim by taking another bomb in the same way as the bomb in his/her shoulder.

As a result, the defendant carried a fluor's disease, which is a dangerous thing, and inflicted bodily injury on the victim, such as damage to the character of the head that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a medical certificate or report on internal investigation;

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. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the fact that the defendant recognized his mistake and reflects it, the agreement with the victim, and other various factors of sentencing as shown in the records and arguments of this case, including the defendant's age, criminal records, character and conduct, environment, means and result of the crime, etc., and the circumstances after the crime.

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