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(영문) 서울남부지방법원 2020.12.23 2019고단5568

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 31, 2019, at around 20:20, the Defendant, at the main point of “C” located in Yeongdeungpo-gu Seoul Metropolitan Government B and 1, drinked with the victim D (32 years of age) who is a fluor and workplace, to drink the work at the construction site. On October 31, 2019, the Defendant: (a) caused a dispute with each other with respect to the work at the construction site; (b) caused the fluor’s disease on the fluor; and (c) caused the fluor’s trouble, which is a dangerous object, and (d) tried to interfere with the fluor’s fluor’s loss, etc. to prevent the fluor’s loss and so on one time with the fluor’s disease.

As a result, the Defendant carried dangerous things with the victim, and caused the injury of the victim by tearing approximately 1 cm, such as finger hand, which could not be known about the days of treatment.

Summary of Evidence

1. Examination protocol of police suspect regarding D;

1. 112 Reporting case management table;

1. A report on internal investigation:

1. Application of each photograph and image statute;

1. The reason for sentencing of Article 258-2(1) and Article 257(1) of the Criminal Act regarding the crime in this case is that the crime in this case committed an injury to the victim by using dangerous articles, and the nature and circumstances of the crime are very bad, and the victim was more seriously injured if it was not successful in the defense.

Although the defendant agreed with the victim, there is no evidence to acknowledge that the victim was the minimum compensation, and the defendant seems to have escaped without attending this trial, so it is unreasonable to give the defendant a prior notice of suspended execution.

In this context, the sentencing conditions of the defendant, including the health conditions of the defendant, such as the age, occupation, family relationship, environment, and circumstances after the crime, shall be determined as per the order.