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(영문) 제주지방법원 2020.05.14 2020고단819
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on January 31, 2020, the Defendant: (a) 1st room in Seopopo-si B, Seopo-si, Seopo-si; (b) Hapo-si, the Defendant, while drinking alcohol together with the victim D (the 47 years of age) on the ground that the victim was shocked, she satisfying the head of the victim once satisfy; and (c) Mapo-si, which is a dangerous object, caused the victim’s face once satisfying the victim’s face; and (d) Hapo-si, the Defendant inflicted an injury on the victim, such as brain satch, which requires approximately three weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, notification to a department related to the reporting of the 112 Incident, field photographs, investigation reports (Attachment of a medical certificate), and medical certificate;

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 inflicted an injury on the victim by the odor that is a dangerous article, and that the nature of the instant crime is not mitigated.

However, it is advantageous to the fact that the defendant recognized the facts charged and reflects the facts charged, the degree of injury is relatively minor, the defendant agreed with the victim, and there is no criminal record subject to punishment exceeding the same criminal record or fine.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the 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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