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(영문) 대전지방법원 천안지원 2019.05.30 2019고단680
특수상해
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the defendant's leader at the Chinese house called "Dcafeteria" in the operation of the C in the Gangnam-gu Seoul Metropolitan City, Chungcheongnam-gu, and the victim E (ma, 34 years old) has worked as the delivery source in the above Chinese house.

On March 3, 2019, the Defendant: (a) at the above Chinese House around March 21:30, 2019, prepared a place for reconciliation between the Defendant and the Defendant, and performed drinking together with the victim while drinking together with the dispute with the victim; (b) heard the horses from the victim that “I will destroy the victim’s face,” and made the victim go beyond the floor by making the victim go beyond the floor when making the face part of the victim’s face in drinking, and made the victim take part of the victim’s hair and body part of the victim’s head and body part, which is a dangerous object, by taking advantage of the metal leg destroyed by this. The Defendant prices the victim’s head, bridge, and chest part of the victim’s chest part using the destroyed steel leg.

As a result, the Defendant inflicted injury on the victim by using a leg consisting of a dangerous object, and a leg consisting of a leg consisting of steel agents, such as the body of the right-hand executives in need of treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. Each police statement of the E, C, F, and G;

1. On-site photographs;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is to recognize and reflect the defendant's mistake, and it seems that there are some circumstances that may be taken into account the circumstances of the crime of this case, such as inducing the defendant by stating that the defendant has been punished three times due to the same kind of crime, and the crime of this case is the method, time, and degree of damage.

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