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(영문) 대전지방법원홍성지원 2020.11.10 2020고단825
특수상해
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Ccafeteria” in Hongsung-gun B and a “D Agency Driving” in the vicinity thereof, and the victim E ( South and 43 years old) is a person who works as an agent in the “D Agency Driving.”

On August 4, 2020, at around 01:50, the Defendant refused the proposal of the victim, and attempted to arrange the drinking place, and the victim’s scambling distance to the effect that “I will not know why I will see an atmosphere and scam.” The Defendant heard a horse, and scambling a part of the victim’s math by gathering an empty beer’s disease on the table.

Accordingly, the above victim was suffering from two strings and two strings in need of treatment for about 14 days.

Summary of Evidence

1. Application of the police's written statement E of statement of the defendant, the police examination report, on-site photographs, and the statutes governing the body of injury;

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 scope of recommendations according to the sentencing guidelines for the reasons of sentencing under Article 62 (1) of the Criminal Act shall be determined by taking into account various factors of sentencing, such as special injury and repeated crime [Class 1] special injury [Special Aggravation 1] mitigation elements: [The scope of recommendations and recommendations] mitigation area, crime using dangerous tools that may be sentenced to four to one year sentence, the degree of injury suffered by the victim and damage part, the degree of injury suffered by the victim and damage part, the victim did not want the punishment of the defendant under an agreement, the defendant shows the appearance of the defendant's age, family, occupation, criminal records (two times of a small amount of fine that is included in the same kind), environment, etc.

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