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Reasons
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(영문) 대전지방법원 2020.04.01 2020고단923
특수상해
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A defendant shall be punished by imprisonment for not more than ten 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 03:45 on February 14, 2020, the Defendant: (a) at the main point of the Defendant’s operation in Daejeon Jung-gu, Daejeon; (b) the victim D (the 53 years of age) who was Neow was taking a bath from the victim under the influence of alcohol while taking a bath during telephone conversations to the Defendant; and (c) the victim was able to take a bath from the victim during telephone conversations; (d) the victim was fluenced, which is a dangerous object on the main line of the main line; (e) the victim was fluenced and fluenced with the victim’s knch (the total length of 37.5 cm, the knife length of 24 cm) and the victim’s knife after dancing, but the victim was fluced with the victim’s face without taking the hing of the victim’s desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. A report on investigation (to hear statements from the victim) and a report on investigation (to attach photographs to victim bucks and bucks);

1. Application of the Acts and subordinate statutes to photographs, etc. of the scene of the case, photographs of damaged parts, criminal tools and field photographs, and photographs of victim bucks;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act was committed by the Defendant by assaulting a taxi driver in 2014. The Defendant inflicted an injury on the victim’s life by spbucks in Scuck knife, the knife length of 24cc.

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