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(영문) 전주지방법원 2018.11.30 2018고단1996
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2018, at the main station located in Kim Jong-si, around 01:0, the Defendant drinked alcoholic beverages with the entertainment entertainment entertainment entertainment reception facility, and the service time has expired, and the entertainment reception facility was retired from the entertainment reception facility. The Defendant requested the victim D (the victim South, 43 years old) who was employed as an employee to provide the same entertainment reception facility. However, on the ground that the entertainment reception facility was not found, the Defendant caused the victim’s injury upon the victim’s head on the one-time basis by gathering beer disease, which is a dangerous object that was in the place on the ground that the entertainment reception facility was not found.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to internal investigation reports and investigation reports (in cases where an injury diagnosis report is attached);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is limited to the scope of the recommended punishment [the scope of the recommended punishment], special injury, or repeated injury, which is a type 1 (special injury) (4 months to 1 year), the mitigation area (including special mitigation persons), the punishment is not limited (including serious efforts to recover damage), or considerable damage has been restored;

2. According to the circumstances that the crime of this case in which the sentence of sentence is to be sentenced, considering the following facts: (a) the Defendant committed the crime of this case under the conditions unfavorable to the Defendant, when the head of the body, which is a dangerous element of the Defendant’s disease; (b) the Defendant divided his mistake and reflects his depth; (c) the degree of injury to the victim is relatively minor; (d) the injured party does not want the punishment of the Defendant by mutual consent with the victim; and (e) the Defendant did not have any history of punishment exceeding the same kind of crime or fine; and (b) the Defendant took into account other factors favorable to the Defendant, such as the Defendant’s age, sexual behavior, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc., comprehensively taking into account various sentencing conditions as shown in the record and the trial process.

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