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(영문) 대전지방법원 천안지원 2020.06.10 2019고단3445
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 19, 2019, the Defendant: (a) around 20:00, the victim D (the age of 45) visited the customer from the C Electronic Tobacco Sales Store operated by the Defendant, which was operated by the Defendant, was set up in the C Electronic Tobacco Sales Store in the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) the Defendant: (c) turned out the victim’s neck by booming the victim’s bomb; (d) cut the victim’s bom by booming the victim’s bomb; (c) the victim was pushed out of the said store; (d) the victim bomed the victim’s face; and (e) when the victim’s face can be boomed with the victim’s body; and (e) when the victim’s face can be boomed with the reported slot part, then the victim’s 4-day wall and the victim’s bomb was closed for four days.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of witness D;

1. Each injury diagnosis letter (D);

1. Application of the Acts and subordinate statutes of D of each photograph;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. The punishment as ordered shall be determined in consideration of the following: although the degree of injury of the victim for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is weighted, it appears that the victim's self-harm appears to exist; the defendant also was assaulted by the victim; the defendant seems to have made efforts to prevent the victim from self-harm; the defendant is recognized as committing the crime; and the victim does not want the punishment of the defendant.

The summary of this part of the facts charged is as follows: (a) around 20:00 on May 19, 2019, the Defendant visited D (45 years of age) from the e-tobacco sales store operated by the Defendant in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si to customers, with sanddboards installed therein; and (b) the Defendant blickfe, which is a dangerous object in the said store, and the number of back water of D.

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