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(영문) 대전지방법원 서산지원 2019.05.01 2018고단780
특수상해
Text

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

Reasons

Punishment of the crime

On July 2, 2018, the Defendant, at around 23:10 on July 2, 2018, drinking alcohol within the Cju in Jin-si, and, when intending to go to E by proxy, she suffered bodily injury, such as spawn, which is a dangerous object on the table, collected on the part of the victim, and caused approximately two weeks of treatment to the victim.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. Written statements of D and F;

1. On-site photographs and a written diagnosis of injury (the defendant raised that there was no intention of injury since the victim was frightened in the drinking place when he was faced with the wall. However, when the defendant was a beer, he divided E and talks after E which the victim had already been seated in the part of the defendant. The distance between the defendant and the victim was not about 1.5 meters, the defendant did not have a height of beer, and the defendant did not have a beer, and the time when the defendant got beer and talked, and the time when the defendant was about the beer was about the part of the victim who had been her seated and talked, it is reasonable to view that the defendant had been her beer in the part of the victim when the victim was about to go on the part of the defendant. The defendant's assertion that there was no reason to view that the defendant had been a her beer in the part of the victim.)

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the instant crime is not good for the Defendant to have committed an injury since the Defendant was dead at the body of the victim.

As a result, the victim suffered significant mental and physical damage such as remaining with heavy scarcity in ma.

The victim wanted to make a severe punishment against the defendant.

However, in recent years, there is no particular criminal power against the defendant.

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