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(영문) 수원지방법원 2016.10.19 2016고단933
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 01:20 on December 23, 2015, the Defendant: (a) at the “G main store located in Young-gu, Young-gu, Young-gu, G main store operator, the name of which cannot be known under the influence of alcohol; (b) the Defendant collected beer disease, which is a dangerous thing on his/her customer, to the victim H (ma, 46 years of age).

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as a multilater open wound, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and H;

1. A medical certificate of injury and photographs of the body part of the victim;

1. Application of Acts and subordinate statutes of J, K of accidents;

1. Article 258-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. 작량감경 형법 제53조, 제55조 제1항 제3호 양형의 이유 피고인이 자신이 자초한 시비상황을 말리기 위하여 등장한 피해자에게 위험한 물건인 맥주병을 던져 얼굴부위에 6주간의 치료를 요하는 큰 상해를 입혔고, 피해자는 얼굴부위에 50여 바늘을 꿰매는 수술을 하고 병조각을 빼기 위해 재수술까지 하였으며 일부 안면신경까지 손상을 입어 추후 경과에 따라 어떤 후유장해가 남을지 모르는 피해를 졸지에 입게 되었다.

[Defendant and his defense counsel argued that the beer’s disease was covered by the floor and that the beer’s face was not caused by the beerer’s injury. However, considering the circumstance that the Defendant was under influence of alcohol at the time, there is no reason to throw the beer’s body toward the floor, and even if the Defendant was obstructed by driving, if the beer’s disease was faced with the floor towards the floor, the Defendant’s argument is not accepted. Thus, the Defendant’s assertion is not accepted.] The Defendant deposited a considerable amount of money for the victim, and the Defendant’s mistake.

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