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(영문) 청주지방법원 2020.01.09 2019고단1554
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. 특수상해 피고인은 2019. 5. 5. 16:00경 충북 증평군 B 소재 피고인의 주거지 안방에서 피해자 C(45세)과 술을 마시다가 말다툼을 하게 되자 주먹으로 피해자의 얼굴 부위를 수 회 때리고 그 곳에 있던 위험한 물건인 소주병으로 피해자의 머리를 수 회 내리치고 발로 피해자의 머리를 찼다.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as snow tympry, tympry, ductal, and ductal, which require treatment for about three weeks.

2. The Defendant, at the same time and at the same place, has taken two kitchen-blades (tension : 32 cm in total length, 20 cm in length, short : 29 cm in length, 17.5 cm in length on the day) in a kitchen which had been in a kitchen at the same time and at the same place. The Defendant, at the same time and at the same place, has taken two kitchen-blades (tension : 32 cm in total length, 29 cm in total length, 17.5 cm in length on the day). The Defendant, who is in danger, has taken one kitchen-blades on the part of the victim, and has taken the part of the kitchen-blade

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Recording notes;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. A detailed statement on processing 112 reported cases;

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts, and Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. As to the facts of assaulting the victim and inflicting an injury to the victim as a major illness, which is a dangerous object for sentencing under Article 48(1)1 of the Criminal Act, the fact that the victim is divided, and the victim's age, character and conduct are not desired due to the agreement with the victim, and the age, character and conduct of the defendant.

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