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(영문) 춘천지방법원 강릉지원 2019.05.24 2019고단292
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. Around March 6, 2019, the Defendant suffered from special injury: (a) around 22:50 on March 6, 2019, while drinking alcohol, such as the victim E (year 49) at the “Dju shop” in the operation of the 3rd East Sea; (b) while under the influence of alcohol, the Defendant inflicted injury on the victim, such as getting the victim’s head on the ground of a dangerous product at the relevant location without any particular reason, and taking the face by drinking, such as taking the victim’s face on the left-hand side, which requires treatment for about three weeks.

2. The Defendant damaged the special property damage by taking advantage of beer, beer, beer, and beer’s disease, which are dangerous objects at the time and place indicated in the above paragraph 1.1., and thereby damaging the above glass hold, which is the victim C, at the market price of 1,410,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. A written diagnosis of injury and written estimate;

1. Application of statutes on site photographs;

1. Articles 258-2 (1), 257 (1) (the point of special injury), 369 (1), and 366 (the point of special destruction and damage, and the choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (including cases where agreement has been made with victims and there has been no criminal records exceeding the fine);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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