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(영문) 춘천지방법원 영월지원 2021.02.16 2020고단493

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On May 30, 2020, the Defendant: (a) at a warehouse in the G cafeteria located in Gangwon-gun, Gangwon-gu, Gangwon-do, D, and (b) at around 02:00 on May 30, 202, while talking with the victim D ( South Korea, 39 years old); (c) the victim gets off the head of the victim, which is a dangerous object in the warehouse that the victim gets out of his clothes, and gets out of the body of the victim at one time; (d) the victim gets off from the body of the face; (e) the victim gets out of the body of the victim due to drinking; (e) the victim knife that is a dangerous object in the kitchen continuously, and (e) the victim dies with the victim.

“In doing so, the knife knife knife cited by the hand, thereby threatening the victim by blifeing his head.

As a result, the Defendant carried dangerous things with the victim, thereby inflicting bodily injury on the victim, such as a pelpel, in need of medical treatment for about four weeks, and continued to carry dangerous things and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and E;

1. Application of Acts and subordinate statutes to on-site photographs, photographs of damage, diagnostic reports of injury, copies of medical records, certificates of confirmation of release on admission, damaged photographs, medical opinions, and victim photographs;

1. Relevant legal provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act (a point of special injury), Articles 284 and 283(1) (a) of the Criminal Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination as to the Defendant and the defense counsel’s assertion under Articles 53 and 55(1)3 of the Criminal Act regarding mitigation of small amount

1. It is true that the victim was frightened by drinking or frightening the gist of the argument.

However, there is no fact that knife knife knife knife knife knife knife knife knife knife knife knife.

2. According to the evidence duly adopted and examined by this court, the defendant satisfe the victim's head head and threatened the victim in knife.