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(영문) 춘천지방법원 강릉지원 2020.01.29 2019고단1199
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 16, 2019, around B, 22:05 in the East Sea, the Defendant called “C” to the victim under the influence of alcohol while drinking with the victim D (year 47) and drinking alcohol, but the victim, on his own drinking, took a face of the victim, and took a face of the victim on one occasion with the victim’s face. However, the victim, on his own drinking, took a part of the plastic simplified (Garo 28cm, vertical length 28cm, height 42cm), which is an object dangerous to the victim, and took part in arms with the victim, etc.

As a result, the Defendant carried dangerous things with the victim, thereby causing damage to the life and force of the parts of the arms and other fingers in need of treatment for four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A medical certificate;

1. Application of each statute on photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim first fights and assaults and started fighting, the fact that the victim has no criminal history exceeding the fine, and the defendant has paid 15 million won to pay for damage, etc.);

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