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(영문) 춘천지방법원 원주지원 2020.04.23 2019고단1605
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:30 on April 13, 2019, the Defendant collected characters, which are dangerous objects, from the farmland owned by the Defendant in the original city B, as a matter of the land sale and purchase contract with the victim C (5 years of age) and the land, and added them to the victim’s left arms, displayed the victim’s face by inserting them, and put the victim’s face at approximately two weeks of treatment on the face of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (the submission of photographs of CCTV images and damaged parts);

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 provides that the Defendant and his defense counsel’s assertion that the Defendant committed an assault against the victim’s face at the time of the instant crime, but the Defendant asserts that there was no insertion in the text.

In full view of the following circumstances acknowledged by the above evidence, i.e., the victim consistently stated at the investigative agency that the victim inflicted an injury on the victim's left arms by displaying his insertion, D at the time witness stated at the police at the time that the crime of this case was committed by the Defendant in a very rough and disorderly state while committing the crime of this case, and according to the injury diagnosis and the damaged part photograph, etc., it is recognized that the victim actually suffered an inspection on the left arms at the time of committing the crime of this case. In full view of the following circumstances, the Defendant’s insertion at the time of committing the crime of this case, and sufficiently recognized the fact that the victim actually sustained an inspection on the part of the victim.

The defendant's above assertion is not accepted.

The reason for sentencing is the defendant's primary offender, and the degree of injury of the victim is relatively relatively.

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