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(영문) 대전지방법원논산지원 2020.08.11 2020고단53
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2019, the Defendant ordered coffee at C points located in Seosan-si B on December 10, 2019, and then heard the phrase “it is not possible to hold a disposable World Cup in the store.” However, the Defendant expressed a bath to the victim E (ma, 25 years old) of employee E (ma, 25 years old) who was in the back of the drinking traffic straw, and collected the disposable cup containing coffee from the victim’s face.

As a result, the defendant put the victim a picture with a face-to-face light that needs to be treated for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photograph CCTVs or CCTV images in the instant field;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, in the coffee store in which the victim works as an employee, breathed the victim with the cryp of coffee, and thereby the victim suffered the images on the face of the victim, and the crime is extremely poor.

The damage was not recovered.

The degree of images suffered by the victim is not much serious, and the fact that the defendant does not have the same criminal record shall be considered in light of the circumstances favorable to the defendant.

In addition, all the sentencing factors shown in the pleadings of this case, such as the age, character and conduct, criminal records, environment, circumstances after the crime, etc., shall be determined as per the order.

The acquittal portion

1. The summary of the facts charged was collected by the Defendant to the victim a disposable cup containing hot coffee as stated in the facts constituting the crime.

As a result, the defendant carried dangerous things with the victim and put about approximately two weeks of treatment, a picture with a face-to-face warning.

2. The summary of the defendant's and his defense counsel's assertion stated the victim's instant World Cup containing coffee.

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