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(영문) 광주지방법원 2018.09.19 2018고단2984
특수상해
Text

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

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

Reasons

Punishment of the crime

On July 2, 2018, the Defendant: (a) performed drinking together with the victim D (34 tax) within the main point located in Young-gun B and B, Nam-gun B and 2 around 23:0 on July 2, 2018; (b) was under the influence of alcohol and was at the head of the victimized person, and was under the influence of the victim, who was at the risk of committing an act without a brucation, and was under the influence of the victim, thereby causing injury to the victim, such as blood transfusion outside the breathy, without two main points open to require treatment for about four weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to parts of damage, photographs, and diagnostic instruments;

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. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing in favor of the defendant under Article 62(1) of the suspended sentence - The fact that the defendant admits his/her mistake, the fact that the defendant agreed with the victim - Unfavorable circumstances: The defendant uses violent violence to the victim (Provided, That the part of assault is not prosecuted because the victim does not want the punishment), and the defendant has the record of being punished for the same offense, such as being punished for the crime of injury in 2

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