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(영문) 전주지방법원 2021.01.21 2020고단1346

특수상해

Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 13:55 on June 3, 2020, was performing construction of a door mold at the construction site of the first floor in the Yansan-gu B building in the Jeonsan-gu Seoul Special Metropolitan City, and while performing interior work.

C(56 tax) and Si tax were raised to dispute.

The Defendant, in his hand, pushed up C in excess of the floor, and displayed C’s head at one time by displaying C’s head ( approximately 38.5 cm in total length, about 17.5 cm in total).

C suffers from the tear tear, where the number of treatment days cannot be known.

The defendant inflicts an injury on the victim C with a loss, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the police seizure protocol statutes;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act, which provides for the legal provisions on crimes;

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 confiscation recognizes errors in the determination of punishment under Article 48(1)1 of the Criminal Act;

There are three penalties of fine and one suspended sentence, and all of them are related to violence.

It shall be subject to criticism that the head is neglected due to a high risk.

However, while the victim and the victim were in trial, the situation that the victim first sees and pusheds the side and connects to this case, the situation that the victim does not want punishment, etc. shall be considered.