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(영문) 제주지방법원 2019.03.28 2018고단1497
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

On March 28, 2018, the Defendant: (a) around 22:15, at the C cafeteria located in Jeju-si; (b) while drinking with the victim D (age 53) and drinking with the victim, it was time for the victim to say that the Defendant is a “opener,” and (c) caused two weeks of injury to the victim, such as the damage of the victim’s head, by putting the victim’s head part on one occasion, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to reports on occurrence of accidents (special violence), related photographs, 112 reported cases, and medical certificates;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances among the reasons for sentencing) is committed with respect to the following: (a) the head of the victim is a small-scale person who is a dangerous object, and the victim prices the head of the dangerous object; and (b) the victim inflicts bodily injury, such as the impairment of the sacrificity of two weeks of treatment;

However, it is more advantageous to the fact that the defendant recognizes the facts charged and reflects the facts charged, the degree of injury of the victim is not very serious, the defendant agreed with the victim smoothly, and the defendant does not have any record of punishment exceeding the same crime or 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 the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set

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