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(영문) 청주지방법원 충주지원 2020.05.08 2020고단14

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On November 3, 2019, at around 00:30, the Defendant inflicted an injury on the victim D (the age of 53), who is the victim of the next table Bab guest, (the age of 53) in C, located in Chungcheongnam-gun B, the Defendant, on November 3, 2019, caused the victim's face one time due to drinking, and 4-5 times due to beer disease, the head of the victim was 4-5 times, and the victim suffered an injury to the victim, such as an open body of the part where the head is unknown for about 14 days.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement of D or E;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of victims;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that an agreement is made with the victim, the fact that there is the victim's flexibility in the process of committing the crime, and other consideration such as family relationship, history of punishment, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution.