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(영문) 청주지방법원 2020.09.22 2020고단260
특수상해
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

The defendant is a person who resides in B apartment C in the petition-gu, Cheongju-si, and the victim D (n'e, 27 years of age) residing in the same apartment E, and the defendant and the victim continued to conflict with the noise problem of ordinary noise.

At around 20:00 on February 1, 2020, the Defendant, in front of the Defendant’s dwelling site, had the victim shocked in a way that the victim, who had resided on the lower floor above the Defendant’s dwelling site, was in possession of a dangerous object that had been purchased on the ground that the victim would find it as an inter-floor noise problem and take a bath, with the victim’s face, hand, neck, rear neck, and sound, and three times more supported the victim’s back water that the victim gets out of the stairs.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as the opening of the face requiring medical treatment for about 14 days, the left-hand hand, and the opening of the face.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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

1. A defendant with reasons for sentencing under Article 62-2(1) of the Criminal Act has no record of criminal punishment except for the records of fines sentenced twice.

The defendant who supports a child by alone does not further repeat the crime of this case, but lives faithfully for his family.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in pleadings, such as the age, character and conduct, environment, and motive of crime of the defendant.

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