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(영문) 인천지방법원 2020.12.10 2020고단6765

특수상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 23:30 on July 18, 2020, the Defendant, as a result of drinking alcohol together with the victim D(D and 36 years of age), and E, was inflicted on the victim’s left side by the beer disease, which is a dangerous object by breaking off the above E, without any particular reason, and caused the victim’s head one time by the beer disease, and due to the shock, the beer disease caused two-hours in need of treatment for the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of a suspect's photograph on the part of damage DNA, and submission of suspect's certificate of injury DNA);

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 reason for sentencing under Article 62(1) of the Criminal Act is that the nature of the instant crime and the attitude of the specific act are very rough and not good.

The risk of causing serious injury to the victim is also reasonable.

However, from the investigation stage, the fact that the defendant does not want the punishment of the defendant in consultation with the victim, the defendant actually paid 4 million won to the victim under the name of medical expenses, etc., and the defendant has no record of criminal punishment.

The punishment shall be determined as per the disposition, comprehensively taking into account the defendant's age, details of the crime, circumstances before and after the crime, and the degree of injury, etc.