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(영문) 춘천지방법원 원주지원 2019.05.01 2018고단1380
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On November 27, 2018, around 14:25, the Defendant: (a) sold the land in the original state E and received KRW 20,000,000 from the Defendant to the victim B (the age of 62) and the refund of down payment, the Defendant sent the victim’s face several times with glass cup (the height of 12cc, diameter of 7cm, and 5m thickness of glass) which is a dangerous object on the table, while having sold the land in the original state E and having received KRW 20,000,000.

As a result, the Defendant carried dangerous glass cups with the victim for about 8 weeks' medical treatment, and inflicted injury on the victim, such as the closing frame of the inside and outside of the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Seven copies of the relevant photographs, each investigation report, five on-site photographs, three caps of caps and three patient dogs;

1. Application of statutes concerning criminal records;

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

1. Since the scope of the Defendant’s liability for compensation is not clear, the instant application for compensation is inappropriate (Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) and there are circumstances favorable to the Defendant, such as the fact that the Defendant’s reason for sentencing is divided into his fault. However, in light of the method and result, the instant crime is very heavy in terms of its nature and crime, and even if the period has elapsed after the instant crime, it did not reach an agreement with the victim. In addition, the instant application for compensation, such as the motive and circumstance leading up to the instant crime, circumstances after the instant crime, Defendant’s age, occupation, family relation, health status, etc., shall be determined by taking into consideration

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