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(영문) 제주지방법원 2019.11.21 2019고단622
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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 January 9, 2019, the Defendant: (a) around 22:35, in Jeju-si B and Da (n, 57 years of age)’s musical stuffed with customers to drink and drink, and (b) was arguinging as a trial, the Defendant inflicted two open wounds of the victim who fighted on the part of the beer box who endeded on the part of the beer box, by taking out the beer’s disease, which is a dangerous object from the beer box in the beer box.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Reporting on the occurrence of violence and the application of relevant Acts and subordinate statutes;

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 for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account favorable circumstances among the reasons for sentencing) is that the instant crime was committed with the use of violence against beer and beer, which is a dangerous object, and that the nature of the crime is not less than that of the victim, and that the Defendant’s crime was committed with multiple times of violence, etc.

However, there are more favorable circumstances such as the fact that the defendant recognizes the facts charged by the investigative agency, the fact that the degree of damage is very heavy, the fact that the defendant agreed with the victim, and the fact that the defendant has no record of punishment exceeding the fine.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] Special Injury - Crimes: Violence Crime Group, Special Injury, Bodi Bodi Bodi Bodily Injury, Type 1 (Special Bodi Injury), Disapproval of Punishment, etc.

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