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(영문) 수원지방법원 2021.01.15 2020고단7442

특수상해

Text

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

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

Reasons

Punishment of the crime

At around 23:35 on October 2, 2020, the Defendant, while drinking alcohol together with the victim D (son, 59 years of age) at the frequency of “C” located in Heungdong-gu, Youngdong-gu, Magro-si B, the Defendant collected the victim’s face part at one time to drink the Defendant’s face, and collected 7 times to drink the victim’s face part at seven times to drink the victim’s face, and collected the victim’s this part at one time, which is a dangerous object on the table, and collected the victim’s me while continuing to collect the other urines on the table, and caused the victim’s injury, such as the victim’s eye and open eye, which require approximately two weeks treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The scene of each police statement in relation to D and E, and photographs of damaged parts of each victim;

1. A written diagnosis of injury;

1. Application of CCTV image photograph Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. On the grounds of sentencing under Article 62(1)(b) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, the Defendant’s age, sex, attitudes, circumstances and motive leading to the commission of the crime, the means and consequence of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions specified in the records and arguments, including the circumstances after the crime.

3. Unfavorable circumstances: The circumstances that the victim was assaulted first of the defendant and caused the case to be considered in the course of the investigation; the victim agreed at the stage of the investigation; there was a history of punishment of a fine due to a violent crime; however, there was no record of criminal punishment exceeding the fine; and there was no record of criminal punishment exceeding the fine.