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(영문) 광주지방법원 2019.10.31 2019고단3101
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 June 23, 2019, at around 20:30, the Defendant, while drinking alcohol together with the victim D(60 years of age) in the 'C’ entertainment tavern in the 'C’, which was under the influence of drinking together with the victim D(the 60 years of age) and the female living together with the Defendant, carried out an examination on the past, and caused the victim's injury, such as taking the victim's blick, booms from the victim's buck, and cutting down the victim's buck, which is a dangerous object on the table, and cutting down the victim's face, by taking the victim's face into his hand, for about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to internal investigation reports (CCTV images and details of telephone conversations for victims), investigation reports (the details of telephone conversations for suspects and the analysis of CCTV images);

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 grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence shall be determined as the sentence, comprehensively taking into account the following factors: (a) the confession of the defendant for sentencing under Article 62(1) of the Criminal Act; (b) the fact that the defendant has committed a crime; (c) the agreement has been reached with the victim; (d) the criminal records of the defendant; (e) the degree of injury of the victim; and (e) the age, character and conduct, environment, motive

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