(영문) 광주지방법원목포지원 2020.08.25 2020고단177

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Reasons

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(영문) 광주지방법원목포지원 2020.08.25 2020고단177

특수상해등

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

1. On November 30, 2019, the Defendant suffered special injury: (a) at Fabro Bro, on a wooden-si, 23:12, the fact that the Defendant entered the “C” under the influence of alcohol with the promise to “C,” and listened to the horses that “not being reserved” from the victim D (the age of 32, south) (the victim) who is under the influence of alcohol while entering the “Bel,” and that “I do not have a pre-contract”; (b) the said victim was able to see that “I will do so, I will do so,” and the two cans (the height of 15cc, diameter of 10cc, weight of 1.5kg), candle (the height of 29cc, diameter of 6cc, weight of 600g) and the victim’s face and face of the victim, such as the victim’s eye, the victim’s eye and face, and the victim’s balk and the victim’s face.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant damaged property by setting up a cans and candlelights with the market price of 80,000 won owned by the president E, which is set up in front of the carter at the time and place under paragraph (1).

Accordingly, the defendant damaged the victim's property and harmed its utility.

3. Although the Defendant did not make a negotiation at the time, time, and place under Paragraph 1, the Defendant was able to avoid disturbance for about 10 minutes, such as: (a) the victim D under Paragraph 1 under the influence of alcohol stating that “I will not see why I would see, why I would see, why I would not see, and why I will die,” and (b) the victim was able to move with fire extinguisherss located on the table and candle.

Accordingly, the defendant interfered with the victim's management of the telecom by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs;

1. A medical certificate of injury, etc.;

1. A fireproof report (with respect to the verification of CCTV images).

유사 판례

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