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(영문) 광주지방법원 2017.01.25 2016고단5387
특수상해
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 14, 2016, 23:35 around November 23:35, 2016, the Defendant provided alcohol at C main points in Gwangju Mine District B, and calculated the victim D (38 years of age) who is another customer.

“In light of the victim’s head at one time of the victim’s head with the glass balance, which is a dangerous object in which the victim was consigned, the victim was injured by two weeks of medical treatment, such as a two-time open situation, and cerebral flady with the unknown address and meancy.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation (Submission of a medical certificate of injury to a victim and attachment of a photograph of injury) and an injury diagnosis report and photograph attached thereto;

1. Application of statutes on site photographs;

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 to mitigate small amount;

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. An offense for which the sentencing criteria are not set;

2. Determination of sentence: Imprisonment with prison labor for not less than eight months (two years of suspended sentence), taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after committing the crime, the sentence shall be determined as ordered.

The circumstances at a disadvantage: when a person gets the head of a victim due to a glass disease and gets the wound, there is a high risk in light of the motive of the crime and the sponse; there is no record of punishment as a violent crime since 2008; the victim does not have the punishment for the defendant; the victim is not subject to the punishment for the defendant; the victim has led to the confession of the crime; and the mistake is divided.

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