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(영문) 대전지방법원서산지원 2020.11.25 2020고단924
특수상해
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On June 7, 2020, at around 23:30 on June 23, 2020, the Defendant continued to stop a dispute with E, which is one-year vessel, while drinking together with the same staff, at the night room of the company located in Jinjin-si, C Apartment D, while drinking together with E, E, and F, the Defendant continued to stop, even though the victim was under the influence of alcohol, and caused a defect in the dispute with a hand, and caused a shoulderer's disease, which is a dangerous object, with the victim's right side and back side part, etc.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as a multilater open wound, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with respect to B, E, and F;

1. Photographss, such as the scene of the case, the injured part, etc., and photographs of the injured part;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The crime of this case on the grounds of sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of liability for compensation is not clear) shall be determined by comprehensively taking into account all the sentencing factors such as the defendant's age, character and conduct, environment, means and result of the crime, the circumstances after the crime, etc., and the following factors.

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