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(영문) 대전지방법원 천안지원 2018.12.21 2018고단330

특수상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In November 2017, the Defendant became aware of the introduction of the Victim B (22) who was a member of an elementary school interest company at the same elementary school, and the victim was dissatisfied with C and the victim was dissatisfied with the objection.

On November 24, 2017, around 01:30, the Defendant heard the phrase “E building” 205, which is a lodging house of the victim in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and “the victim is better” from C during drinking with the victim during drinking with the victim. Before going to 505, the Defendant’s company located in the same building as the above 205 B, who was going to 505, a lodging house of the Defendant’s company located in the same building as the above 205 B, and went to 205, after sticking the kitchen, the kitchen was taken away from the victim who discovered the above kitchen knife.

이에 피고인은 2017. 11. 24. 01:40 경 다시 위 205호에서 나와 위 505호로 올라가 그 곳에 있던 위험한 물건인 깨진 도기 잔 조각을 가지고 위 205호로 돌아와 위 깨진 도기 잔 조각을 쥔 손으로 피해자에게 악수를 청한 후, 피고인이 화해를 청하는 것으로 생각한 피해자가 내민 손을 위 깨진 도기 잔 조각으로 찔렀다.

As a result, the defendant carried dangerous things and inflicted an injury upon the victim from the victim's son's hand over the days of treatment.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Each police statement protocol against B and C;

1. Police seizure records;

1. Application of statutes, such as site photographs;

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

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) the nature of the crime is not weak in light of the background, content, danger, etc. of the instant case; (b) on the other hand, the victim did not have any specific criminal punishment against the Defendant; (c) the Defendant did not have any specific criminal punishment force; and (d) the records and changes of the instant injury are revealed.