beta
(영문) 대전지방법원 천안지원 2019.11.27 2019고단677

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 31) are foreigners of the nationality of Kazakhstan, and the victim was a person who was a pro-friendly relationship with the defendant.

At around 21:00 on March 26, 2019, the Defendant, at Asan City C building, and D cafeteria located on the third floor, had the victim's face and had approximately two weeks of face in need of treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Report on internal investigation (with regard to the circumstances of the receipt of the case);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to submission of a medical certificate for a victim);

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 for discretionary mitigation;

1. The sentence shall be determined as per the order, in consideration of the fact that the victim's face is bad in calculating the victim's face with the beer, the victim's face is not easy due to tearing injury, the defendant is admitted to commit the crime, and the victim does not want the punishment of the defendant, etc., in light of the reason for sentencing under Article 62 (1) of the Criminal Act, which is a dangerous thing of the defendant.