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(영문) 대전지방법원 2020.08.28 2020고단1358
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 03:00 on October 9, 2019, the Defendant was aware of the fact that the victim C (the age of 22) known as a son within the roof of the Seoul Special Metropolitan City, Gwanak-gu B and the third floor floor had sexual intercourse with the Defendant against others. Around 03:0, the Defendant left the son’s left shoulder part of the victim’s disease due to the sniff, which is a dangerous object, and broken off to the floor, and inflicted an injury on the victim, such as a deep sniff in the left shoulder part of the victim’s disease requiring approximately four weeks medical treatment.

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

2. The special intimidation Defendant: (a) stated the date and time set forth in paragraph 1; and (b) stated at the place that “if the victim died and died of the victim because the victim was at the time and time, she was sweld about 24 cm in total length, about 12 cm in length) which is a dangerous object in which the victim was sweling, who sweld the Defendant’s act and sweld the sweld; and (c) that “if the victim died and died of the victim, she shall be sweld at the time and time of the swelk; and (d)

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police as to C of the suspect interrogation protocol of the police officer;

1. Police seizure records, list investigation reports (investigations related to suspect C injury diagnosis reports, and hearing victim C telephone statements);

1. Application of the Acts and subordinate statutes on field photographs, shoulder glass bottles, and excessive photographs of the injury diagnosis letter;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), and 284 and 283 (1) of the Criminal Act concerning the crime (special intimidation and choice of imprisonment);

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

1. The suspended execution of the crime of this case under Article 62(1) of the Criminal Act, the danger of attempting to commit the crime of this case, and the victim's bodily injury, etc. shall be divided in depth, and the circumstances leading to the crime of this case may be considered somewhat.

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