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(영문) 대전지방법원 천안지원 2020.06.12 2020고단381
특수상해
Text

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

except that 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

At around 00:00 on January 23, 2020, the Defendant, while engaging in a dispute with female employees and trial expenses in the “Ddan” operated by Seobuk-gu B victim C (n, 60 years of age) in Seocheon-gu, Seocheon-gu, Seocheon-gu, 2020, she opened to the kitchen by gathering a small-scale bottle, which is a dangerous object in the table, while the said female employees come into the kitchen as the fore of the victim, come into the fore of the patient, and continued to collect one fore of the small-scale disease, which is a dangerous object in the table, she opened to the fore of the victim's left face, followed by approximately 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (FInterview of witnesses), CCTV screen pictures;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury (Special Bodily Convicted Person): In cases where an intentional act of inflicting an injury is committed: In the event of an intentional act of insignificant negligence, no penalty shall be imposed [the scope of the recommended sentencing area and the recommended punishment], special mitigation area, two to one year (the scope of the recommended punishment corrected by the applicable sentencing guidelines], six months to one year (in cases where the lowest limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, it shall be based on the statutory minimum limit of the applicable sentencing range);

2. The method of determining the sentence is very dangerous.

As a criminal defendant's act, the face of female victim was raised and a felling operation was performed.

However, the defendant recognized his mistake as a first offense, and is against himself.

It seems that the victim did not have a conclusive intention to inflict injury on the victim.

At the investigation stage, one million won is the victim.

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