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(영문) 제주지방법원 2019.06.19 2018고단1932
특수상해등
Text

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

However, 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

1. Around 03:00 on April 17, 2018, the Defendant carried out drinking as well as the victim E (38 years of age) at the main point of “D” operated by Seopoposi-si B, Seopoposi, on the ground that the victim acted without any brucation, and collected the head of the victim at one time, booming the victim’s bridge, booming the victim’s face, and booming the victim’s face on three occasions, the Defendant inflicted a bodily injury, such as a sugar, in which there is no two main points open to provide treatment for about 21 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant causing property damage, as described in paragraph (1), was accompanied by the following: (a) while she was in a time and place as described in paragraph (1), she collected a blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. G statements;

1. Receipts:

1. A written diagnosis of injury;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 366 of the Criminal Act (the point of causing bodily harm and the choice of imprisonment with prison labor) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was excessive, while the victim's injury was not much severe, the defendant's reflects the victim, and the victim agreed with the victim. The victim complained of the defendant's prior action against the defendant, the defendant did not have any criminal record of the same kind or imprisonment without prison labor or more, and the defendant's age, character and conduct.

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