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(영문) 대구지방법원 2020.09.10 2020고단3469
특수상해
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 21:00 on April 17, 2020, the Defendant: (a) sold a part of the victim’s face on the road in front of the “Ccafeteria” located in the Cheongdo-gun, Cheongdo-gun (Seoul and 36 years of age) at a price on one occasion on the extension of the victim’s face; (b) continued to go beyond the top of the Aspart; and (c) continued to go beyond the part of the victim’s head, which is a dangerous object in front of the said restaurant, on the other hand.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, such as fingers that need to be treated for about six weeks, and double scams in the number of days of treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant concerning D's court statement;

1. Application of Acts and subordinate statutes to a report on investigation (report on the status of mobilization to 112), report on internal investigation (on-site photographs), and written diagnosis of injury;

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. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: A favorable condition that leads to the instant crime even though the Defendant had the same record, such as the risk of the instant crime and the degree of injury to the victim: The Defendant is against the recognition of the instant crime; the Defendant was committed in the course of the instant dispute with the victim; the victim was not wanting to be punished by the Defendant; and the victim did not want to be punished by the Defendant’s age, means of the instant crime, and the circumstances after the instant crime, etc. shall be determined by comprehensively taking into account all the sentencing conditions specified in the pleadings, such as the Defendant’s age,

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