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(영문) 대전지방법원 홍성지원 2020.04.20 2019고단875

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 18, 2019, the Defendant, at around 23:40, 23:40 on October 18, 2019, boomed Macker’s disease, which is a dangerous object under the influence of alcohol, and 3 times the head of the victim D (age 43) who was seated in the next table table, and inflicted injury on the victim, such as the damage of mac that requires approximately two weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. E statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. In light of the reason and means of sentencing under Article 62(1) of the Criminal Act, the fact that the victim could have suffered serious injury is a dangerous offender that is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and stated that his mistake is divided, that the victim agreed with the victim, that the victim does not wish to punish the defendant, and that the defendant has no record of punishment for the same kind of crime.

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.