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(영문) 제주지방법원 2020.10.22 2020고단66

특수폭행치상

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

The defendant is a person who provides the main support in the Jeju-si, and the victim D (Nam, 42 years old) is a person who works as the main restaurant in the above restaurant.

피고인은 2019. 9. 16. 17:15경 위 C 앞에서, 주방 업무 문제로 피해자와 말다툼을 하고 나서 화가 난다는 이유로 보조주방으로 가서 그곳 도마 위에 놓여있던 위험한 물건인 중식도(총길이 32cm, 칼날 20cm)를 들고 나와 피해자에게 다가와 욕설을 하며 피해자를 향해 칼을 치켜들고, 피해자가 양손을 들어 피고인의 팔을 잡자 이를 뿌리치려고 칼을 쥔 피고인의 손을 흔들던 중 칼날로 피해자의 왼손바닥을 베어 피해자에게 치료일수를 알 수 없는 약 1cm 정도의 손바닥 절상을 입게 하였다.

Accordingly, the defendant, carrying dangerous objects and caused the injury of the victim.

Summary of Evidence

1. The application of the police statement E to the police interrogation protocol of the accused, the statement of the F written statement No. 112 Report No. 112 Report No. 112 Report No. 1, the investigation report No. 1, the related photograph and the investigation report No. 2016

1. As to the crime of this case, the crime of this case on the grounds of sentencing, referred to in Article 262, 261, 260(1), and 257(1) of the Criminal Act, and Supreme Court Decision 2018Do3443 Decided July 24, 2018, which decided to punish a criminal defendant, is an unfavorable circumstance, where the crime of this case is committed with serious awareness (32 cm in total length and 20 cm in total length), which is a dangerous object, and the nature of such crime is not weak, and is a criminal offense against the defendant.

However, it is advantageous to the fact that the defendant recognizes the facts charged and reflects the facts charged, the degree of injury is very heavy, and the victim does not want to punish the defendant.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and circumstances after crimes, etc. of this case shall be the trial process of this case.