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(영문) 수원지방법원 성남지원 2019.09.10 2019고단1410
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

Some of the facts charged were corrected.

around 04:50 on April 25, 2019, the Defendant, at the main point of “C” operated by the Defendant in Gwangju-si, has a dispute with the victim D (In this case, 44 years old) who is the offender at the main point of “C” operated by the Defendant in Gwangju-si.

Along with the 14-day treatment of the victim, the victim was suffering from the glass beer, which is a dangerous object, and the victim was placed at a two-way treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The scope of applicable sentences under the law for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "special sentencing grounds"): The scope of applicable sentences under the sentencing guidelines of six to five years shall be sentenced to imprisonment [decision of type]; the special injury and repeated crime shall be sentenced to the special injury [Article 1] special injury [Special Contributor] mitigation elements: The mitigated area of punishment [the scope of recommending and recommending punishment], the mitigated area of punishment from April to one year [no general person] [the reasons for suspended sentence]. The main reason for suspended sentence of punishment is to carry a dangerous object: Where a person commits a crime by carrying a dangerous object: A decision that there is no special pride: A sentence of suspended sentence of imprisonment with prison labor for six months; and two years of suspended sentence, the defendant, as stated in its reasoning, took the victim who is the son who was under the influence of alcohol and the victim who was under the influence of the 2000cc glass of the victim whose head was on the Bable article.

As a result, the victim suffered 2 prudent injuries such as tearing the left side of the body.

This is considered as a major situation, but the defendant shows an attitude to recognize and reflect the mistake, the defendant has agreed with the investigative agency to the victim, and the defendant has been fined twice as the same crime by about 17 years.

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