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(영문) 전주지방법원 군산지원 2019.03.13 2019고단43
특수상해
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

On February 1, 2018, the Defendant: (a) around 21:40 on February 21, 2018, while drinking alcohol with the victim D (year 44) and drinking alcohol with the victim, the victim, who was the latter, was able to do so as to do so, shall be able to the victim's damages, where he collected ercule, which is a dangerous thing in the customer, and shall be able to the victim's damages. (b) On February 21, 2018, the Defendant was able to fit the ercule World Cup to the victim's face around the nose of the victim.

Accordingly, the defendant injured the victim for about 14 days of medical treatment, such as an open room for fingers that require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of three copies of photographs taken by damaged parts, and the Acts and subordinate statutes of the written diagnosis of injury;

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 of the suspended sentence [Scope of Recommendation] The mitigated area of category 1 (Special Bodily Injury) (Special Bodily Injury), the mitigated area (4-1 year) [Special Contributor] [Pronouncement Decision], the defendant repents and reflects wrongs, and the victim does not want the punishment against the defendant by mutual consent with the victim is favorable circumstances, or there is no good character of the crime of inflicting bodily injury on the victim, and the defendant has a record of being punished by a fine for the crime of bodily injury in 2018.

The punishment as ordered shall be determined in consideration of such circumstances as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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