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(영문) 대전지방법원 서산지원 2019.08.14 2018고단512

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim are the workplace club fee working in the Dispute Resolution BankB.

On 04. 01:00 on 04. 03. 01:00, the Defendant had talked with the victim E (E, Uzbekistan nationality, 29 years of age) and business issues within the accommodation of the staff members of the Seosan City C Apartment D, which caused the victim’s desire to do so, and caused the victim’s injury on the part of the fraud, which is a dangerous object on the floor for the reason that the victim had expressed desire to do so.

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

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of witness F;

1. Statement to E by the police;

1. Relevant photographs and diagnostic notes (the defendant only assaulted the victim as drinking, but did not brucated. However, the victim stated that brucated assault was committed by the police, and F who had observed the situation at that time stated that brucated assault was committed by brucation, and she appeared to have brucated at the scene of assault. Considering these circumstances, the defendant was found to have inflicted an injury by assaulting the victim due to brucation. The defendant's argument is without merit.). The defendant's argument is applicable

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Extent of the recommended punishment according to the sentencing guidelines [decision of types]. Special injury, repeated injury, and repeated injury [Class 1] Special Bodily Injury (Special Contributors): Reduction factors: serious injury (the scope of the recommended area and the recommended punishment] basic area, six months to two years (the scope of the recommended punishment modified according to the sentencing guidelines) shall be recommended in the sentencing guidelines for one to two years.