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(영문) 대전지방법원홍성지원 2020.08.12 2020고단310

특수상해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the husband and wife B, and the victim C(the age of 48) works in the same team within the workplace B and the workplace.

At around 20:30 on March 11, 2020, the Defendant: (a) contacted “E” restaurant located in Chungcheongnamcheon-gun, Chungcheongnam-gun, Chungcheongnam-gun; and (b) found the victim and the said B in the said restaurant that there was a dispute between the victim and the said B; and (c) caused the victim to inflict an injury on the victim, such as an open top room, which requires approximately two weeks of treatment, in line with the head of the victim who was suffering from a dangerous object on the table.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Eight months of imprisonment to be suspended;

1. Considering the reason and means of sentencing under Article 59(1) of the Criminal Act, the fact of a dangerous offender, etc., which could have been able to inflict a serious injury on the victim, is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case and stated that his mistake is divided, that the defendant seems to have caused the crime of this case by contingency, that the defendant compensates the victim for the amount of eight million won, that the victim agreed with the victim, that the victim does not wish to punish the defendant, and that the defendant is the first offender, etc. are favorable to the defendant.

In addition, in consideration of the age, character and conduct of the defendant, circumstances leading to the crime, circumstances after the crime, etc. and all the sentencing conditions shown in the pleadings, the punishment shall be determined as ordered.