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(영문) 창원지방법원거창지원 2020.09.09 2019고단395
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 21, 2019, at around 20:00, the Defendant: (a) ambling the victim D (n, 59 years of age) and drinking alcohol in the “C” located in Saunnam-gun, Chang-gun; (b) ambling the victim’s head by drinking himself; and (c) ambling the cer’s disease, which is a dangerous object on the table; and (d) ambling the victim’s head by drinking; and (e) ambling the victim’s head by drinking; and (e) ambling the Defendant and the victim’s head by drinking; and (e) ambling the victim’s head by drinking.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The police officer's statement of the witness D, E, and F, as to each of the legal statements made by the witness D, claimed that there was no intention to inflict an injury on the victim because the part of the defendant and the victim was damaged by the victim's eavesb, etc. because the part was protruding back, and the part was fryed by the defendant and the victim, but if the part of the victim who was faced with the part of the shoulderer's disease was teared, the defendant could have been faced with a considerable and rapid be seen to have been faced by the defendant. Since the victim was seated in the part of the defendant's body and it was difficult at a distance, the defendant could sufficiently anticipate and accept that the part of the defendant's body was frightened by a protrudinger's disease and it was difficult to find that at least the defendant had an intention to inflict an injury on the victim). Thus, it is reasonable to deem that there was an incomplete intention to inflict an injury on the victim at least).

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Crimes of violence according to the scope of recommendations according to the sentencing criteria (determination of types);

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