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(영문) 광주지방법원 2018.04.12 2018고단136
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 1, 2018, 00:20, the Defendant drinking alcohol at D main points located in Gwangju Northern-gu, Gwangju, and drinking alcohol in another table of D main points. While drinking alcohol at D main points, the Defendant took a dispute with the victim E (45 tax) who was drinking alcohol at D main points of the said D main points, the Defendant saw the Defendant’s face at one time as he/she drinking the Defendant’s face from the injured party, and the victim’s face was frighted at one time as he/she was on the rest table of the table, the Defendant saw this part of the victim’s head at one time as he/she was on the rest table of the table. The Defendant saw the victim’s head side of the victim’s head on one time due to beer’s disease, saw the victim’s autopsy, cut the victim’s contact with beer’s face, and turned the victim’s face into drinking.

In the end, the Defendant inflicted an injury on the victim by using the beer's disease and shouldered glass cup, which is a dangerous thing, for the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement;

1. On the spot and the photograph of damage (the victim stated at the investigative agency that the defendant was at once more at the head side of the defendant in addition to the beer's disease, and that his hand was teared by the defendant's hand in his hand in shreshing the beer's residues.

In addition to the images of the victim’s statement (the 28th to 32th part of the investigation record), the part of the facts charged that “the victim’s head side was cut off once by beerick, and the victim’s body was broken off by cloick,” among the facts charged, can also be acknowledged as applicable to the law.

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. The crime of this case committed with the injury of the victim due to a beer or illness for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution shall not be deemed to constitute a good crime in light of the risk, etc. of such act;

Meanwhile, even before committing the instant crime, the Defendant has been punished for violence-related crimes several times.

However, the victim shall not be punished for the defendant by the consent.

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