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(영문) 대전지방법원천안지원 2020.10.23 2020고단1492
특수상해등
Text

A defendant shall be punished by imprisonment for six 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

1. A special injury: (a) around 13:20 on May 1, 2020, the Defendant listened to the victim D (Nam, 53 years of age) under the influence of alcohol and drinking in the “C” restaurant located in Dong-gu, Nam-gu, Dong-gu, Dong-gu, Incheon, and the ebbb, and talked with the E, that the said E would not speak against the victim between the victim and the victim in the toilet; (b) in turn, the Defendant was able to write off the victim’s head, knife the knife the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife.

As above, the Defendant damaged the victim’s reputation that needs to be treated for approximately two weeks.

2. The Defendant assaulted the victim E (Nam, 54 years old) who was seaed in toilets at the same time and at the same place as above, and the victim’s head debt was knifed and drawn up.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police suspect interrogation report (in case of violence), investigation report (in case of the confirmation of CCTV image), injury diagnosis report (in case of the assault report) to D on the accused’s legal statement;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 260 (1) (a point of violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is not minor in light of the risk of the instant crime on the grounds of sentencing. However, the sentence is determined as ordered in full view of all the conditions of sentencing as shown in the record, including the Defendant’s sex, primary offender, the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, etc.

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