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(영문) 수원지방법원 2020.12.16 2020고단4962
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 10, 2020, the Defendant, at around 00:40 on June 10, 202, engaged in a dispute with the victim D (Nam, 29 years of age) and under the influence of alcohol in the special room of the “C Kinginging machine business” located in Suwon-gu B and 3, Suwon-gu, Suwon-gu, Suwon-si, and caused the injury to the physical part of the body part of which the number of days of treatment cannot be known to the victim by ensuring that the physical part of the body part of the body part of the victim, which is a dangerous article on the table, was able to be cited by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report on D police statements and investigation records (to have telephone conversations for witnesses);

1. On-site 8 copies of the diagnosis form, victim victim victim victim injury photograph [the defendant and his defense counsel merely carried the victim's disease with the intent to frighten the victim by interesting in the state of drinking, and without the victim's intent to visit the crime of this case. Thus, according to each of the above evidence, the defendant asserted that there was no intention to commit the crime of this case. However, according to the above evidence, the defendant was a frighter, which is a dangerous object under the influence of alcohol, and the defendant was a relatively narrow protection at the time, and there was a victim in the direction of the frighter's disease. Thus, it is reasonable to view that the defendant had an intent to review the frighter's injury even if the result of the frighter's injury was occurred

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. Article 62 (1) of the Criminal Act;

1. The Defendant used dangerous articles for sentencing under Article 62-2 of the Criminal Act, and did not recover damage to the victim.

The victim has been punished for the defendant.

However, the defendant seems to have an attitude against the defendant by recognizing the defendant's wrong.

There is no criminal record against the defendant.

In addition, the age of the defendant, the victim.

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