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(영문) 창원지방법원 진주지원 2018.11.14 2018고단1169
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 30, 2018, the Defendant: (a) around 01:50 on July 30, 2018, at “C Singing practice hall” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) caused a dispute with the victim D (43 tax) due to the payment of the drinking value; and (c) caused a beer’s disease, which was dangerous in the corridor of the said singing practice hall, caused the victim to leave the beer’s head one time by gathering the beer’s disease.

Accordingly, the defendant carried dangerous articles and carried them into two parts that could not be known about the number of days of treatment.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of statutes on field 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 suspended execution;

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

1. Recommendations for the application of the sentencing criteria: Persons who are subject to special sentencing from April to one year (the area of mitigation): No penalty shall be imposed;

2. The method of committing the instant crime by which the sentence was rendered is dangerous.

However, there is no record of punishment due to the violence of the accused, and the agreed circumstances favorable to the agreed points shall be considered.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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