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(영문) 대전지방법원 천안지원 2020.04.29 2019고단1820
특수상해
Text

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

The defendant is the owner of a restaurant in Asan City, and the victim D (ma, 46 years old) is the manager of C restaurant business.

At around 22:12 on June 14, 2019, the Defendant: (a) while under the influence of alcohol to file complaints on the actual state of the restaurant business management of the victim; (b) while having a horse dispute with the victim, the Defendant got off four knicks (500ml) which were dangerous objects in the cooling, and faced with the victim’s head and arms; (c) the victim knicked the victim’s neck with his knee and sustained knnee with his knne, thereby causing the victim’s injury on the part of the victim on about three occasions, such as brain knicks without any two open knife, in need of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. An injury diagnosis certificate and a medical certificate;

1. Application of field photographs, damage photographs statutes;

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. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act regarding probation and community service order

1. The alleged defendant carried and pushed the victim’s breath with his hand, but did not commit any other act, and the defendant merely took beer and cherd with beer’s disease, and did not go against the victim.

2. The following circumstances acknowledged in accordance with the evidence duly adopted and examined by this court, and the victim stated that the defendant consistently committed several times to the investigative agency and up to this court, and the defendant was kneee two times to knee the part of the victim, and the victim made a statement that the victim was knee of the victim while she was kneeed in the part of the victim. On the other hand, the victim stated that the victim was knee in the part of the defendant's old knee while she was knee in the part of the defendant's old knee.

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