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(영문) 서울북부지방법원 2020.03.31 2019고단4469
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 21:40 on October 1, 2019, the Defendant suffered special injury: (a) around 21:40, at the “C” restaurant in Seoul, the victim D (5 years of age) who is a one-way driver while drinking alcohol and the trial expenses were incurred by the victim D (5 years of age) and the dangerous article on the table, which was located on the table (25 cm in total length, 14 cm in total length) and the back part of the victim’s timber and the back part (20 cm in total length). On the one hand, the Defendant followed several times after going beyond the floor of the victim, and followed several injuries to the open body of the detailed part in which the number of days of treatment cannot be known to the victim.

2. The Defendant, at the time, at the same time, at a place as in the preceding paragraph, and at a place where the victim E (the age of 57) was frightened by the Defendant, who was frightened by the victim E (the age of 57) and was frightened by frightening the back part of the victim’s neck, which is a dangerous object frightened

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A medical certificate (D);

1. Application of the Acts and subordinate statutes to photographs of the injured party and photograph of the criminal tool;

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. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent crimes, the defendant led to the confession of the crime and agreed at the stage of the investigation with the victims. However, the defendant had a total of 32 criminal records, including a large number of previous departments. In the case of special injury in the judgment in this case, the victim D was highly dangerous and the degree of injury was not easy to avoid and be used at the site as the back part of the dangerous object from the defendant, and the degree of injury was also very dangerous, and the degree of injury was determined by comprehensively taking account of various circumstances shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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