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(영문) 제주지방법원 2018.02.20 2017고단2586
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Around 23:00 on April 5, 2017, the Defendant: (a) while drinking a horse dispute with the victim E (50 ices) in the D Garan bar located in Seopo-si, Seopopo-si; (b) caused the Defendant to take part of the victim’s head by putting him/her at the bar, which is a dangerous object on the table where he/she was on the table; and (c) caused the instant beer’s disease to have taken part of the victim’s head on one occasion; and (d) assaulted the victim’s face three times by taking part of the victim’s head on two occasions after having taken part of the victim’s head on two occasions.

Accordingly, the defendant carried a beer, which is a dangerous thing, and carried a beer's disease, and carried the victim's disease with the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Report on occurrence (violation of the Punishment of Violences, etc. Act) and application of Acts and subordinate statutes related to field photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the protection and observation of protection is significantly high in danger of the number of crimes in this case, and the victim was at the face of the victim, so illegality is also very large, and there is a high possibility of criticism because the victim was under suspension of execution at the time of committing the crime.

In addition, the defendant has been punished several times due to the violation of the Punishment of Violences, etc. Act and the crime of injury.

However, it is between the victim and the defendant-friendly relationship, and the victim is seeking the defendant's wife by agreement with the victim, and the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc. shall be determined by taking into account various sentencing conditions as shown in the arguments in this case.

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