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(영문) 제주지방법원 2020.05.14 2020고단744
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

The defendant is a person who has become a customer on the main point of the trade name of "D in the Jeju where the victim B (ma, 56 years old) works as an employee."

On December 15, 2019, around 09:55, the Defendant: (a) 09:55, the Defendant talked with the victim; (b) had a verbal dispute during drinking; (c) had the victim’s head debt in his/her hand; and (d) had the victim’s head debt 3:4 times in 201; and (e) had the victim’s head debt ; and (e) had the victim’s marin with the iron system, which is a dangerous object on his/her table, once in 201.

As a result, the Defendant had been on the part of the victim who was in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes to a report on investigation, on-site photographs, 112 report sheet, investigation report (the re-investigation of the victim) and investigation report (the confirmation, such as whether the fact of injury is recognized as a suspect);

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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