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(영문) 대전지방법원 천안지원 2019.10.30 2019고단2257
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 September 2, 2019, at around 19:15, the Defendant expressed the victim’s head and left side side of the victim’s head and the left chest side of the victim’s head and left side side of the treatment day to the victim, who saw that the victim, who had been in a state of vision due to the usual collection and removal of the horses, was “the victim would drink the alcohol during working hours”. The Defendant expressed the victim’s head and left side of the victim’s head and left part of the treatment day.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Ethical letters;

1. A report on the investigation into seizure records and the list of seizure records (verification of CCTV images at the site);

1. Application of statutes, such as site photographs;

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. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the punishment as ordered shall be determined by taking into consideration the following: (a) the fact that the defendant, under the influence of alcohol, has a bad character of committing a crime by knife and injuring the victim; (b) the defendant has been punished by a fine due to a violent crime; (c) the degree of injury to the victim is not very serious; (d) the defendant is admitted to commit a crime; and (e) the victim does not want the punishment of the defendant; and (e) there is no record of having received punishment exceeding a fine.

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