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(영문) 부산지방법원 서부지원 2020.04.02 2020고단112

특수상해

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At around 21:30 on January 8, 2020, the Defendant, at the main point of “D” located in Busan Northern District, drinked alcoholic beverages with the victim B (57 years of age) who is a workplace partner, expressed the victim's drinking value, expressed the victim's desire to take the victim's face twice in drinking, took the victim's face twice in drinking. On the other hand, the Defendant, as a dangerous object that continued to be placed on the side of the main room (total length 22 cm, daily length 10 cm), she sleeped the victim's kid on one occasion, and again, the Defendant inflicted an injury, such as a multiple fluor, which requires the victim's treatment for about 15 days.

Summary of Evidence

1. Defendant's legal statement;

1. Seized articles and on-site photographs;

1. 112 Reporting case handling table; and

1. Records of seizure and the list of seizure;

1. A report on investigation;

1. Investigation reports (Listening to details of damage and attaching photographs of damaged parts);

1. A report on investigation (Attachment of a letter of opinion);

1. Investigation report (report accompanied by a copy of the medical certificate);

1. Application of Acts and subordinate statutes to investigative reports (report on listening to telephone conversations, such as victim B and the details of assault);

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

1. The reason for sentencing of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation Orders (the scope of liability for damages is not clear) is that the crime of this case was committed by the Defendant, which is a dangerous article, thereby causing injury to the victim.

The defendant has a high possibility of criticism on several occasions, which may result in a serious result, such as the victim's chest bed part, the inner part, etc.

The defendant was not able to take advantage of the victim, and the victim wanted to be punished by the defendant.

The defendant has been sentenced to punishment for violent crimes and has been punished several times.

The defendant recognizes his own crime.

The defendant is deemed to have committed the crime of this case by drinking.