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(영문) 수원지방법원 2020.05.12 2019고단6908
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On January 21, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for public performance and obscenity, etc. at the Suwon District Court on July 20, 2016, and completed the execution of the sentence at the Suwon Detention House.

【Criminal Facts】

At around 13:50 on July 14, 2019, the Defendant, while drinking alcohol together with the victim C and the victim E (n, 52 years of age) in the 'D' operated by the victim C (n, 58 years of age) in Suwon, the Defendant was under the influence of alcohol with the victim C, the victim E (n, 52 years of age) and was under the influence of alcohol, and the victim E and the victim were under the influence of the disease, which is a dangerous object on the table of the table B, the Defendant was under the influence of the victim C's head.

As a result, the defendant carried dangerous articles and inflicted damage on the victim C on the victim C's appearance of treatment days, and the victim E's hair and other parts requiring treatment for about seven days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of the witness C’s legal statement;

1. The police statement concerning F;

1. A written diagnosis of injury (E);

1. Investigation report (Attachment of 112 reported details);

1. Previous convictions: Criminal records, additional evidence (one copy of the current status of confinement for each individual), additional evidence (two copies of rulings related to repeated crimes), and the application of Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Determination on the assertion by the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. 주장의 요지 피고인은 피해자들과 함께 술을 마시던 중 피해자 E과 사이에 다툼이 생겨 소주병을 양철 테이블 위로 내리쳤는데, 그 소주병이 위로 튕겨져 마침 자리에서 일어나던 피해자 C의 머리 부위에 먼저 맞고 순차적으로 피해자 E의 머리 부위에 맞게 된 것으로, 피고인에게 상해의 고의가 없었다.

2. The judgment is based on the evidence adopted and examined by the court.

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