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(영문) 광주지방법원 2020.03.26 2019고단3772
특수상해
Text

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

On June 9, 2019, the Defendant was on the street in front of the restaurant “D” operated by the victim C(35 years of age) in Jeonnam-gun, the Defendant collected the victim’s face value one time by gathering a hock (25cm in length) which is a dangerous object used for fixing the Defendant’s vehicle, and then collected the victim’s face value one time, followed the victim who entered the above restaurant, and followed the victim, who entered the above restaurant, on June 9, 2019.

After continuing to break out from the victim and the above restaurant, the Defendant saw the victim’s words such as “the rashing off theCCTV,” etc., the Defendant, while taking a bath, saw the victim’s face one time in drinking, and inflicted an injury on the victim, with a hack pipe ( approximately 1m in length), which is a dangerous object in his/her vehicle, and sustained approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Protocol concerning the examination of each police suspect C;

1. C’s statement;

1. Each written diagnosis;

1. Stop photographs of each site and damaged parts, photo of each black stuff, stophographic image, stophographic photo;

1. Application of Acts and subordinate statutes to report internal investigation (to be accompanied by a field and a photo of damaged parts), internal investigation report (to telephone conversations of the situation at the time of reference E), investigation report (to be accompanied by a photograph by booming video materials submitted by a suspect C), investigation report (related to the refusal to make a statement by a witness E)

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order is that the defendant reflects his mistake, and the defendant does not have any criminal record exceeding the fine.

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