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(영문) 대전지방법원논산지원 2020.11.24 2020고단457
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

Around 19:00 on August 20, 2020, the Defendant: (a) at the dwelling mast of C, the mother of the Defendant in B, the victim D (son, 48 years of age) entered the Defendant’s residence under influence of alcohol, and the Defendant was trying to run an agrochemical where the Defendant died her water supply system was located at the same time; (b) while the victim prevented the victim from drinking the Defendant’s chest and drinking the Defendant’s chest, the Defendant her chest was flick at a time, and the Defendant was flickdo (total length: about 45 cm, length: about 32 cm) which is a dangerous thing in his/her on his/her own, and the Defendant was able to know about the number of days of treatment, such as the victim’s hair and her face, and the number of days of treatment can not be known.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the police officer's protocol of statement, seizure protocol, victim's return photographs, written photographs, and certificates of medical records and copies thereof to D;

1. The reason for sentencing under Article 62(1) of the Act on the Punishment, etc. of Specific Crimes in Article 258-2(1) and Article 257(1)3 of the Criminal Act on discretionary mitigation of discretionary mitigation of Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Article 62(1) of the Criminal Act on the Punishment, etc. of Specific Crimes where the defendant assaults a pro-friendly victim with dangerous articles,

However, the fact that the defendant's mistake is true and reflects on his own mistake, that is the first criminal without any previous conviction, and that the victim's punishment is not applied to the defendant is considered as a favorable condition to the defendant.

In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.

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