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(영문) 대전지방법원 2019.10.25 2019고단2777
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On June 11, 2019, the Defendant: (a) around 06:30 on June 11, 2019, on the ground that the victim C (Woo 51) brought about the soil of the garden in front of Daejeon Dong-gu B, Daejeon, which is dangerous things in that place ( approximately 1.5m in length, approximately 4m in thickness) with the victim’s chest part once with a string, and down the string part; (b) with the victim’s head flag, the victim flageds the victim’s head flags over the floor so that the victim’s head flags over the floor, which requires approximately two weeks of treatment; (c) the victim’s head flag and tension; (d) the flag and flag of the chest wall; (e) the glag of the arms and other obscure parts; and (e) other glaging of the glaf, damage of the arms and the g.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of an injury diagnosis certificate, CD-related statute;

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 to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is the fact that the victim wants to punish the defendant, and the damage has not been recovered. However, in 204, the defendant has no other record of being punished by a fine of KRW 500,000 for the crime of violation of the Punishment of Violences, etc. Act (at night time) in 2004, and there is no other record of being found to be erroneous, and the victim's wife is not serious, and the defendant's age and occupation, character and environment, relationship with the victim, motive and circumstance of the crime, means and consequence of the crime, and all other circumstances that are conditions for sentencing, such as the following circumstances, shall be determined as the sentence.

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