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(영문) 대전지방법원 공주지원 2021.02.23 2020고단591

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 3, 2020, the Defendant: (a) around 21:40, around 21:40, while drinking alcohol with the husband E of the victim D (the age of 61) in the official city B and C (the age of 61) on October 3, 2020; (b) on the ground that the Defendant: (c) claimed the victim by NN, on the ground that she used English, “In the Korean horse,” and (d) collected the dangerous free residues, which is a dangerous thing, to the victim; and (d) caused the victim to undergo approximately two weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. A statement made by the defendant to the effect that he/she has suffered an injury due to the glass of the defendant;

1. The D’s written diagnosis is that there was no intention of injury since the Defendant had a balance of the wall favorable to the wall.

However, in full view of the statements of the victim, the victim's upper part, etc., known by the above evidence, the defendant, while recognizing the fact that the victim could face, shall be sufficiently recognized that the defendant laid a favorable balance and sustained the victim's injury.

Therefore, we cannot accept the Defendant’s argument.

Application of Statutes

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. Based on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, all the sentencing factors indicated in the records and trial process of the instant case, including the following circumstances and Defendant’s age, sexual conduct, intelligence and environment, family relationship, relationship with victims, motive, means and consequence of the crime, etc., shall be determined by comprehensively taking into account the following factors:

3. Unfavorable circumstances: The circumstances that are favorable to the fact that the liability for the crime is not less severe in light of the background and result of the injury: The fact that the damaged person desires to take the defendant's preference by the unanimous agreement with the victim, and that there is no record of criminal punishment.