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(영문) 제주지방법원 2018.11.28 2017고단2527
특수상해
Text

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

However, 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 February 6, 2017, the Defendant requested the Victim D (V, 58 years of age) to provide credit in E operated around 17:50 on February 6, 2017, but the Defendant refused to provide credit. However, the Defendant would have to reduce the Defendant’s refusal to provide two-year alcohol.

In food, when the face of the victim is flicked one time, the victim's head is flicked with his/her hand, and the victim's body and bridge part are walking several times, and the victim's body and bridge part were flicked, which is a dangerous object in the main air conditioners, and the victim was faced with the victim's side interest.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim, such as impairment of the face that requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, including the following circumstances, shall be specified as the order, considering the observation of protection, treatment order, and the reasons for sentencing;

The favorable circumstances: (a) the recognition of and reflect on the crime; (b) the degree of injury to the victim is not significantly serious; (c) the defendant has not been recovered from damage; (d) the defendant had been sentenced to a suspended sentence of imprisonment due to an injury similar to the instant case even in around 2013; (b) the defendant repeated the crime despite the record of being sentenced to a suspended sentence of imprisonment due to an injury similar to the instant case: (c) the defendant hospitalized in the F Hospital from September 2017 to September 201; (d) the Defendant’s age

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