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(영문) 의정부지방법원 2018.05.16 2018고단117
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 22, 2017, at around 01:30, the Defendant, while drinking alcohol together with the victim D ( South and North years of age) who is a workplace club in the Dongbcheon-si B, 2017, was in dispute with the payment of the drinking value, the Defendant sustained an empty beer disease, which is a dangerous object on the part of the victim on the ground that the victim’s age goes against E, who is a day-to-day in the middle of his age, and caused the injury to the victim, i.e., the victim’s left eye, and ii to three times following the drinking water used by the victim, she sustained approximately three weeks of the snow grass and open wound around the snow.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing injury photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Non-application of the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for one year, three years of suspended sentence, and conditions disadvantageous to the community service order: The fact that the nature of the crime is not good in light of the risk of the commission of the crime and the method of the crime, the confession has not been reached: the confession has been made; the fact that there was no previous conviction for the same crime since 1998 and the previous conviction has been limited to a fine for the same crime; and the defendant's records and several sentencing conditions specified in the trial process, such as the records of the crime, age, sex, environment, motive and means of the crime, circumstances after the crime, etc., shall be

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