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(영문) 전주지방법원군산지원 2020.11.04 2020고단816
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Around 00:30 on February 16, 2020, the Defendant: (a) around 00:30, the second floor “C” head of the Gu of Yasan-si B, Hasan-si; (b) the victim E (Nam, 23 years of age) who was taking charge of the duties of the head of the Gu on behalf of the head of the Gu and the end of the business; and (c) on the ground that he was under the duty of the head of the Gu on behalf of the head of the Gu, and was under the duty of the head of the Gu on behalf of the head of the Gu, he was under the duty of the Gu, and was under the duty of the head of the Gu on behalf of the head of the Gu, and was under the duty of the victim on the ground that he was under the duty of the head of the Gu, and was under the duty of the young, who was under the duty of the victim,

around 4:18 on June 7, 2020, the Defendant 2020 did not come to dispute with “G” restaurant located in Hasan-si F, such as the victim H (n, 50 years of age) and monthly rent, and assaulted the victim by spreading water to the victim's face, piling up dangerous objects towards the victim's face, and continuously going to the outside of the above restaurant and breaking up the victim's appearance, and then assaulting the victim, such as the victim's car once.

Summary of Evidence

"200 Highest 816"

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E or D;

1. "20 high-level 909", such as a report on internal accidents, places of occurrence, photographs of assault, investigation reports (related to CCTV in a place of occurrence), and a written diagnosis of injury;

1. Defendant's legal statement;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes to photographs and investigative reports (CCTV image verification);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the grounds for probationary mitigation below);

1. Suspension of execution is not easy in light of the contents and degree of damage, etc. of the crime under Article 62(1) of the Criminal Act, but is a prison term in consideration of the fact that there are many groups of the same violence.

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