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(영문) 청주지방법원 2020.04.02 2019고단2553
특수상해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:50 on October 15, 2019, the Defendant discovered that the victim D (33 years of age) who was not good in a flat appraisal is seated in the park located in Heung-gu Seoul Metropolitan City, Seo-gu B, and found the cell phone, which is a dangerous object in possession without any particular reason, was faced with the victim's face part, and got the victim's face over the floor by putting the victim's timber out of the floor, and then, caused the victim's face by drinking, such as the right side, the inner heart, the heart, the heart, and the spathn fever, which require the victim's treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Damage photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The punishment shall be determined in consideration of the following facts: (a) a defendant who inflicts an injury on the face, etc. of a victim by violence, such as taking the cell phone face without any particular reason for sentencing under Article 62 (1) of the Criminal Act; (b) a defendant appears to have committed a crime in a separate and contingent crime; and (c) a victim does not want the punishment against the defendant by agreement with the victim; (d) a victim does not want any particular punishment power other than twice fines; (e) a child is the most supported by the child and the health of the victim is not good;

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