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(영문) 대구지방법원 2020.11.26 2020고단4375
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On February 29, 2020, the Defendant: (a) around 00:05, at the “C main point” located in Namgu Daegu-gu, Daegu-gu, as well as the victim D (n, 20 years of age) who is an employee of the said main point, performed drinking, and the victim who was next to the Defendant was under the influence of alcohol and was under the influence of alcohol, thereby cutting off the Defendant’s arms and cutting off the Defendant’s arms. However, on the ground that the victim continued to do so, the Defendant saw the victim’s face one time by putting the plastic ice, which is a dangerous object on the table, on the ground that the victim was under the influence of alcohol.

As a result, the Defendant laid down the body of the bones, which requires the victim's treatment for about 4 weeks of credit, and the treatment for about 39 days of credit release.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of five Acts and subordinate statutes to the chief of a complaint, a police statement on D, a written diagnosis of each injury, a criminal investigation report (Attachment of a criminal escape photograph), and a plastic ice photograph;

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. The reason for sentencing under Article 62(1) of the Criminal Act - the time limit for crimes.

Although the degree of injury of the victim is severe, it seems that a written agreement has been received by paying 3 million won to the victim.

- there is no record of punishment other than once a fine.

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