beta
(영문) 광주지방법원 2020.01.09 2019고단3991

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On September 21, 2019, the Defendant 07:20, while drinking meals in the C cafeteria located in Gwangju Northern-gu, Gwangju, the Defendant saw the victim D (37 years of age) to take a bath and an article-abbrication under the influence of alcohol. The Defendant saw the victim’s disease, which is a dangerous object in his table, to go on the bar.

The Defendant, who suffered from this on the spot, also committed violence, such as breaking the victim's spawn by leaving the victim's left side at the time of her spawn, cutting off the victim's spawn, cutting off the spawn, cutting off the spawn or breaking the spawn.

Therefore, after the victim got fast to stop the suspect's assault, the victim got knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee, which led the victim's head left part knee kne

As a result, the defendant carried dangerous things and inflicted a tear on the victim in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (investigation into field and CCTV image data);

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have committed the crime of this case on the following grounds: (a) the victim’s face and head was at the risk of the defendant, and causing injury to the victim; and (b) the fact that there is a record of being sentenced to a fine of KRW 500,00 due to violent crime, etc.; (c) it appears that there is no much emphasis on the degree of injury to the victim; and (d) it was agreed with the victim and the victim.