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(영문) 대전지방법원 천안지원 2019.02.14 2018고단3014
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 16:00 on December 8, 2018, at the home where the victim D (V, 56 years of age) and the victim E (V, 57 years of age) live together, the Defendant drinking together with the victims.

1. The Defendant, under the influence of alcohol at the above date, at the above time and place, committed the crime against the victim D, she saw the victim as “I do not move to the old day,” and she saw the victim as “I do not use”, and she saw as “I do not use the victim,” and she saw the victim’s head on one occasion by putting an empty bottle, which is a dangerous object in the Defendant’s side, and she saw the victim’s head on one hand and put the victim on the floor, and then she saw the victim’s head on two hand.

As a result, the defendant carried dangerous articles and inflicted bodily injury on the victim who could not know the number of days of treatment.

2. The Defendant committed the crime against the victim E in the above date, time, and at the above place, caused the above-mentioned assault of the Defendant by cutting the above-mentioned empty fluories by cutting them down on the floor and cutting the shouldered fluor’s disease, which is a dangerous object, and thereby cutting off the victim’s left hand in order to prevent the victim from spreading it up to the fluence.

As a result, the defendant carried dangerous things and inflicted injury on the victim's floor part where the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. 112 Reporting case management table;

1. On-site photographs;

1. Application of related Acts and subordinate statutes;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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 crime of this case is not very good in light of the method and risk of the crime of this case by using dangerous articles with the reason for sentencing under Article 62(1) of the Criminal Act, and the crime of violence is committed.

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