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(영문) 인천지방법원 2020.10.07 2020고단5224
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 became final and conclusive.

Reasons

Punishment of the crime

At around 15:10 on May 1, 2020, the Defendant: (a) 15:10 on the ground that the Victim D (Nam, 57 years of age) and the victim was fluorous while drinking alcohol in Bupyeong-gu Incheon, and (b) was fluoring without any brucation, the Defendant saw the fluor’s disease, which is a dangerous thing at the same time, and caused the victim to suffer a fluoral injury with the head of the fluor in the treatment days.

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

Summary of Evidence

1. Application of the defendant's legal statement D, each police's protocol of statement to E, and the Acts and subordinate statutes governing the standing photo of the defendant;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (a favorable consideration, such as that there is no criminal punishment exceeding a fine, the confession of a crime, the defendant committed a contingent crime with his/her knife victim while drinking alcohol, and the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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