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(영문) 대전지방법원천안지원 2020.11.11 2020고합116
중상해
Text

A defendant shall be punished by imprisonment for one year.

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

Around May 21, 2020, the Defendant got the victim's chest from the victim's "D" operated by the victim C (son and 60 years of age) in Asan City on May 21, 2020, while drinking alcohol together with those of the feste, he was her to hear the victim's her horses "I n't her frier without the victim's consent." On his hand, the Defendant took the victim's face over when the victim's her face was cut back by the victim's driver's hand, and taken the victim's face.

As a result, the Defendant caused serious injury to the victim, such as cerebral cerebral cerebral typosis, climatic typosis, prop-free typosis, and ductal typosis, which require approximately 90 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the E, F, and G;

1. Report on internal investigation (for the statement of a victim), report on internal investigation (for the statement of a victim, statement of a suspected victim, CCTV, etc.), report on internal investigation (for the permanent investigation at the case site and CCTV images), investigation report (for the investigation by the counter party to the duties), investigation report (for the analysis of visual images of CCTV at the site), and investigation report;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes on site photographs and CCTV images to captures;

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The degree of the injury the victim sustained does not constitute a serious injury as stipulated in Article 258(2) of the Criminal Act.

2. The serious injury prescribed in Article 258(1) and (2) of the Criminal Act, shall be established in cases where bodily injury of a person causes danger to his/her life, or where physical injury results in an incurable or incurable or incurable disease;

(See Supreme Court Decision 2005Do7527, Dec. 9, 2005). According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.

① On May 11, 2020, immediately after the occurrence of the instant accident, the relevant victim was diagnosed by the new medical doctor and the doctor.

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