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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2020.06.17 2019고단1630
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant was living together with the victim at the home of the victim D (the age of 47) in Daejeon Dong-gu B building C.

On December 16, 2018, the Defendant: (a) around 19:30 on the means of gathering the victim’s alcohol with the victim; (b) while drinking the victim’s alcohol to the victim; (c) there was a defect in the victim’s desire to read the victim’s horses and read “Chewing, e.g., the same year”; and (d) an empty beer, which is a dangerous object being placed under his/her customer’s care, and an empty beer’s glass, which is a dangerous object being placed under his/her customer’s care, was placed towards the wall, and was in line with the victim’s head head and part; and (d) heavy food, which is a dangerous object being placed under his/her customer’s care, (e.g., approximately 29cm in total, about 16cm in length on the date), and caused damage to the right by leaving the victim’s right, and thereby making it impossible for the victim to know the number of days of treatment and injury to the right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the legislation in its opinion;

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

(a) Unfavorable conditions: The bad quality of crime;

(b) Conditions favorable to the defendant: Consideration, such as the first offender, the recognition of the crime in this case, the reflection of the mistake, and the victim's non-opportune of punishment against the defendant;

C. The Defendant’s age, character and conduct, environment, motive and background leading up to the instant crime, means and consequence of the instant crime, circumstances before and after the instant crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, were considered.

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