(영문) 대전지방법원 천안지원 2020.02.19 2020고단120

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(영문) 대전지방법원 천안지원 2020.02.19 2020고단120

특수상해

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

At around 14:00 on January 6, 2020, the Defendant found the victim D (n, 76 years of age) who had a conversation with one another at C community center located in Dong-gu, Chungcheongnam-gu, Dong-gu, Dong-gu, Seoul (hereinafter referred to as the “C community center”) and had a dangerous object that he had prepared in advance and had in his possession, calculated the victim’s left hand part of the material of trees, which is an object dangerous to the victim’s head, and continuously caused the victim’s injury, such as the victim’s head part and the right part, and continuously calculated the victim’s head part and the right part at one time on about 35 days of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A medical certificate of victim and a medical certificate of injury to a victim;

1. Application of the Acts and subordinate statutes to photographs of the scene of the case, and photographs of the 119 first responders who take emergency measures against the victim, and photographs of the victim;

1. On the grounds of sentencing under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts, in consideration of the following facts: (a) the Defendant was under the influence of alcohol and reported by the victim’s spouse to the Defendant; (b) the Defendant was trying to take a retaliation against the victim’s spouse; (c) the Defendant did not find it and the Defendant was extremely bad to show that the Defendant was at the price of head due to a brue brue and brue, which is an object dangerous to the victim; (d) the Defendant had been subject to criminal punishment several times due to violent crimes; (e) the Defendant did not agree with the victim; and (e) the fact that the Defendant inflicted an injury on the victim as a dangerous object is recognized.

참조조문

-형법 제257조 제1항

-형법 제258조의2 제1항

유사 판례

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