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(영문) 수원지방법원 평택지원 2021.01.08 2020고단1391
특수중상해
Text

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

Reasons

Punishment of the crime

At around 21:30 on March 13, 2020, the Defendant, while drinking alcohol together with D and E, was trying to see the victim F (58 tax) as the above main point, and to see the dispute with D, and the victim had her face while she expressed her desire to do so. The victim her face with her hand while she expressed her desire to do so. The victim she her face with the victim, she her glass, which is a dangerous object in the table her face, she faced the victim, and she she faced the victim's face to the right side of the victim, and caused the victim's injury, such as the victim's anti-path, anti-path, and eust, to her real name, which caused the victim's injury to the victim, such as the victim's eye, anti-path, and eust, and so on.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A photograph of damaged part of the victim;

1. Investigation report (No. 11, No. 17) ;

1. C CCTV video CDs with C main points;

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

1. The sentencing of Article 258-2(2) and Article 258 of the Criminal Act regarding a crime is inevitable in light of the following: (a) the Defendant, on the grounds of the relevant criminal facts, was unable to take advantage of the victim’s favorable residues, which are dangerous goods, thereby causing the victim’s real name to save the victim; (b) the victim was unable to recover from damage or receive a letter of suspicion; and (c) the victim did not want to escape the Defendant from severe punishment.

However, it is difficult to view that the criminal intent of the material result of the victim's real name is conclusive in light of the circumstances where the victim suffered a victim's glass, in light of the victim's situation, rather than actively prices the victim's eye while making a dispute with the defendant first, the victim provided the opportunity of the case by considering the defendant's face, and the victim's eye is not a favorable price. The defendant recognized the crime and reflects it, the defendant does not have the same criminal record except for a long time fine, and the defendant does not have the same criminal record other than the defendant's age, character and behavior, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc.

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