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(영문) 광주지방법원 2020.10.22 2019고단4257
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 15, 2019, at around 00:05, the Defendant used the victim D and alcohol while drinking alcohol in the “C restaurant” located in Gwangju North-gu, Gwangju. On the front side of the above restaurant, the Defendant used the victim’s breath to mar the breath, mack the victim’s face, macked the victim’s mared by drinking, and macked the victim’s mar, which is a dangerous thing in the above restaurant, and boomed the victim’s breath, and boomed the victim with approximately two weeks of the right side for which treatment is required.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s written diagnosis of injury in the witness D’s legal statement and capture of photographic image data, such as the suspect D’s victim parts and A’s body [the defendant and his defense counsel] asserts that there was no fact that the defendant inflicted injury on the victim by breaking the victim, which is a dangerous object, although the defendant abuseds the victim. However, the victim’s witness’s consistent statement is consistent with the evidence as follows: (i) the following circumstances acknowledged by the evidence as follows; (ii) the defendant took place outside of the victim, i.e., the victim’s body of injury, ii) the part of the victim’s right hand hand over, and iii) the defendant went out of the court. However, in light of the police investigation, the police investigation reverses the above “C restaurant” floor to the effect that the defendant inflicted injury on the victim, who is a dangerous object, as stated in the judgment, and thus, the defendant’s defense counsel’s assertion that the defendant inflicted injury on the victim and the defense counsel’s defense counsel’s assertion is not accepted.

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment for six months to five years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall be violent crimes; and

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