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(영문) 광주지방법원 순천지원 2018.08.24 2018고단1019
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

On April 28, 2018, the Defendant found the victim E (71 tax) at the main station of the victim E (71) at around 23:30 on drinking water and around 28:30 on April 28, 2018, and did not have personnel management of the Defendant.

In the case of beer disease, which is a dangerous object for the ppuri of alcohol, the victim's hair was put into two parts of the treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Photographs of the victim;

1. Application of statutes on site photographs;

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 main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 59(1) main sentence of the Act on the Observation, etc. of Protection and Community Service Orders is that there are many kinds of records of violence against the Defendant, and the fact that the risk of the instant crime and the bad character of the crime is likely to be committed, are disadvantageous circumstances.

On the other hand, the fact that the defendant reflects the mistake, and the victim did not want the punishment against the defendant, and the fact that the victim wanted to take the action is favorable.

The punishment for the prevention of recidivism shall be determined in consideration of such circumstances as the defendant's age, health status, family environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc.

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