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(영문) 대전지방법원 홍성지원 2019.09.24 2019고단329
특수상해
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 2018, at around 00:20, the Defendant demanded that the proprietor of the above main place of drinking changed alcoholic beverages from “C” located in Chungcheongnam-gun Hong-gun, Hongsung-gun, the Defendant refused to request that the proprietor of the above main place of drinking alcoholic beverages, but the Defendant was pointed out from the proprietor of the foregoing main place of drinking alcoholic beverages, which was located near the above main place of drinking alcoholic beverages and entered the “D” main place of “D” located near the above main place of drinking, and returned to the said “C” main place of the kitchen, which is a dangerous object, and returned to the said “C” main place of the said “C” while under the influence of alcohol, the Defendant misunderstandings the victim (E38 years of age) who was in the said main place of drinking, and helps the victim to have the kitchen, and made the victim use the kitchen, and she tried the victim to have the kitchen, and she she had the kitchen by taking the victim’s hand of the kitchen by taking the victim’s hand of the kitchen.

As a result, the defendant carried dangerous articles and carried them for about 10 days to put up an open award for the part in which the details of the loss and the loss need to be treated.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police officer concerning F, and the police interrogation protocol of E;

1. A written diagnosis of injury;

1. On-site photographs, criminal draftings and kitchen photographs;

1. Application of the Acts and subordinate statutes to the protocol of seizure (No. 2);

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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes: Special injury, repeated injury [Type 1] for a special injury (special person] [including a serious effort to recover damage]: Reduction area of punishment (including the recommended area and the scope of recommended punishment], reduction area of punishment (including a serious effort to recover damage): From April 1 year;

2. Determination of sentence: The tool and method of the crime of this case; the degree of injury the victim sustained; and the victim shall be punished by the defendant;

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