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(영문) 청주지방법원영동지원 2020.10.22 2020고단110
특수상해등
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

1. Around 01:30 on May 3, 2020, the Defendant suffered from special injury: (a) at C entertainment tavern C located in Chungcheongnam-gun B, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Defendant was not good for drinking together with the victim D (the 35 years of age), and without any justifiable reason, carried the victim’s face at a time with drinking and hand-on and walk the victim’s face; and (b) at the victim’s arms, the Defendant inflicted an injury, such as light dump, etc., for which the victim needs to be treated for about three weeks.

2. The Defendant assaulted the victim, such as throwing the plastic ice, which is a dangerous object to the head of the victim E (inn, age 57) who is a business owner at the time and place mentioned in paragraph 1.

3. For about 30 minutes at the date, time, and place described in paragraph 1, the Defendant interfered with the business of the victim E, the owner of the relevant place of business, as described in paragraphs 1 and 2, expressed the victim E, “e.g., e., e., e., e., e., e., e., “e., e., e.,” and put the

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to on-site photographs, victim photographs, field additional photographs, victim DNA images, and victim DNA injury diagnosis reports;

1. Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act (the point of special injury), Articles 261 and 260 (1) of the Criminal Act (the point of special violence, the choice of imprisonment), Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

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

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 the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The sentencing criteria shall be based on; and

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