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(영문) 광주지방법원 2017.05.25 2017고단777
특수상해
Text

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

except that the execution of a 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 May 9, 2016, the Defendant drinking alcohol at the main point of the “C” located in Gwangju Dong-gu, Gwangju on May 22, 2016, and the Victim D (52 3) “A Haba Hab Habag.”

For the reason that it was contrary to the purport of “,” the 500cc beer residues, which is a dangerous object on the tables, was left on the body of the injured party’s head, face, and right ear respectively, and the victim suffered an injury to the number of days of treatment, the upper part of which is about 3 cm to the right of the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to reduce police force against D;

1. Application of Acts and subordinate statutes to photographs of parts of damage caused by victim D;

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 suspended sentence of the Criminal Act provides that a punishment shall be imposed as ordered by taking into consideration the following favorable circumstances: (a) the fact that repeated commission of beer residues, which is an object dangerous to the victim for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, and that the victim has been subject to three times punishment for violent crimes; (b) the victim does not want to be punished; (c) the defendant led to the confession of the crime; and (d) the criminal records of the same kind after 192 only one minor fine (b) and there is no other minor fine (b) after 192.

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