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(영문) 광주지방법원 2019.04.30 2019고단486
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 January 10, 2019, at around 00:19, the Defendant continued to drink at the “C” operated by himself in Gwangju Mine-gu, Gwangju, where the victim D(37 years of age) who is a customer and E were under drinking alcohol, and, although he continued to drink, E was at the end of half the half the horses to be defective, and he was at the end of half the horses. However, even though the victim, who was under his care, went out while getting out of the zone while getting out of the zone, the Defendant continued to take two times after gathering the empty disease, which is a dangerous object on the table of the table, and suffered two times the injury of the victim, such as the victim’s horse, and the victim’s wife was at the end of the week. However, the Defendant sustained two times the injury of the victim, such as the victim’s horse, and the victim’s wife was at the end of the week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the victim's injury diagnosis report;

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. Article 62 (1) of the Criminal Act;

1. The sentence identical to the order shall be determined by comprehensively taking account of the following factors: the criminal records of the defendant for sentencing under Article 62-2 of the Social Service Order Act, the nature and risk of the crime of this case, the background of the crime, the degree of damage to the victim and its recovery, the family relationship, health condition of the defendant, and the possibility of recidivism.

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