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(영문) 인천지방법원 2020.11.27 2020고단8120
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around August 22, 2020, the Defendant suffered special injury: (a) around 20:20 on August 22, 2020, the victim D (Nam, 59 years of age) who performed drinking in the table table table that reads that “the victim D (ma, 59 years of age) was a dangerous object on the floor of the floor” and said that “the victim’s head was cut one time by taking her hand, and the victim her bucked with her hand and her bucked with her hand so that approximately three weeks of treatment is needed.

2. A special assault Defendant: (a) the victim E (ma, 53 years of age) who observed a fighting at the time and place specified in paragraph 1 stated that the victim E (ma, 53 years of age) was carrying out from the main point of view for the Defendant’s speech, and (b) the victim’s side gate by gathering plastic chairs, which are dangerous objects on the floor, at that place, was located one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the E’s written statement (Simplified on-site), on-site photographs, the report of investigation into the injury of the victim’s photograph (on-site chief officer and witness’s statement), and the report of investigation;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Despite the fact that the defendant had been punished for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act, the criminal defendant's crime is not weak.

However, there is no record of criminal punishment since around 2004, and all of the crimes of this case are recognized and reflected, the victim D has agreed to pay medical expenses, etc., and other circumstances that constitute conditions for sentencing, such as the degree of assault by the defendant, the age and environment of the defendant, and the circumstances after the crime, etc., shall be determined as per the order.

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