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(영문) 대전지방법원 천안지원 2019.06.19 2019고단731
특수상해
Text

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

On March 25, 2019, at around 16:20, the Defendant assessed the victim’s head on the ground that the victim D (Nam, 59 years of age) who was seated in Asan B, was a bad horse due to drinking in Asan B, and that the victim D (Nam, 59 years of age) was bad.

As a result, the Defendant, using an empty Sick Sick who is a dangerous object, inflicted an injury on the victim, such as two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the police concerning D;

1. Application of statutes on site photographs;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant prices the part of the victim's head, which is a dangerous object, due to the lack of understanding that the defendant's symptoms of the discarded species are not good for himself/herself, and the nature of the crime is very bad, considering the fact that the defendant paid 4 million won to the victim, the victim does not want the punishment, and the defendant has a history of criminal punishment twice as a fine, etc., the punishment shall be determined as per the order.

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