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(영문) 전주지방법원 정읍지원 2019.05.16 2019고단22
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 23:20 on November 27, 2018, the Defendant, at the main point of “D” operated by the victim C (the 49-year-old), who was in the regular Eup city B, left the upper part of the victim’s left side by having the beer bottled with each other by gathering the beer, which is a dangerous object on the table, on both hand, on the ground that the victim and the victim were satisfed due to the drinking value.

As a result, the suspect carried the beer disease, which is a dangerous thing, and inflicted an injury upon the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A medical certificate;

1. Application of related Acts and subordinate statutes;

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;

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

1. Scope of the recommended punishment according to the sentencing guidelines: One year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the minimum of the applicable sentencing range is inconsistent with the statutory minimum of the applicable sentencing range), from among the applicable sentencing range, the scope of the recommended punishment revised according to the applicable sentencing range (the minimum of the applicable sentencing range is applicable in cases where the minimum of the applicable sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range);

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of sentence and other conditions of sentencing recorded in the records.

불리한 정상: 피고인이 위험한 물건인 깨진 맥주병으로 피해자의 왼쪽 귀 부분을 찔러 피해자에게 15바늘 정도 꿰매는 상해를 입게 하였다.

It is highly dangerous.

Defendant was sentenced to a fine for the same kind of crime in 1988, 1993, and 1999, and was sentenced to the suspension of indictment in 2013 and 2014.

The favorable circumstances: After committing the crime, the victim was paid damages and agreed.

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