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(영문) 전주지방법원 2018.09.06 2018고단1333
특수상해
Text

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

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

Reasons

Punishment of the crime

At around 00:00 on May 23, 2018, the Defendant, at “C” entertainment drinking places located in Seojin-gu, Seojin-gu, Seojin-gu, Seoul, with the victim D (n, 47 years of age), who is an employee of a woman employed in the same place, performed alcohol, without any specific reason, followed the victim by the beer’s face, etc.

Accordingly, the Defendant carried a beer, which is a dangerous thing, and carried a beer's disease, caused the victim to suffer approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

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. In light of the fact that the defendant with the reason for sentencing under Article 62(1) of the Criminal Act, including the suspension of imprisonment for the same kind of crime, has a history of criminal punishment twice, the risk of an act is not much dangerous, and the degree of injury to the victim is not less exceptionally, it is also necessary to punish the defendant strictly.

However, there are extenuating circumstances such as the agreement between the injured person and the accused, the fact that the injured person wants to leave the front line of the accused, the fact that the accused acknowledges and reflects the wrong, and the fact that it is a contingent crime.

The amount of punishment shall be mitigated in consideration of the above circumstances, the defendant's age, sex, environment, etc., and the conditions for sentencing, and the punishment shall be determined as ordered.

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