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(영문) 춘천지방법원 2016.10.26 2016고단801
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

The defendant around 04:45 on June 23, 2016, in the E entertainment drinking house operated by the victim D in the Gangwon-gun of Gangwon-do, the issue of drinking value is the time limit from the E entertainment drinking house operated by the defendant.

A candle flelight, which is a dangerous object on the table, was flicked by the candlelight (8.5 cm in length, 6.8 cm in diameter) and was flicked by the victim by spreading the hot candle flelight to the face of the victim for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The defendant and his defense counsel asserted that although the defendant laid the beginning at the time, it cannot be deemed that he carried candle farming, which is a dangerous object, even though he did not have to carry the candle farming. However, the defendant's assertion that it was evident that candle farming existed in the course of vision with the victim, it should be deemed that he carried candle farming. Therefore, the above argument is rejected.

The defendant asserts that there was no intention of injury since candlelight was stopped by the defendant.

2. The following circumstances acknowledged by this court in addition to the overall purport of the evidence duly adopted and examined by the court, namely, ① the Defendant appears to have spread the candle farming to the victim, not intentionally, but intentionally, when intending to escape candlelight against the victim (the 79 pages of the investigation record, video, and the Defendant also stated that the victim’s face at the time when the police investigation was conducted, and the 45 pages of the investigation record). ② Even if it is deemed that the Defendant was trying to stop the candlelight as alleged by the Defendant, the beginning that the Defendant was the Defendant at the time is far larger than the ordinary beginning, and the diameter of 8.5cm and six.

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