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(영문) 대전지방법원홍성지원 2020.09.16 2020고단431
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 02:25 on March 8, 2020, the Defendant: (a) on the main point of “C” located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; (b) on the ground that the victim D (Nam, 49 years of age) who fested in drinking alcohol together gave lessons to the Defendant, she left hand, taken twice the victim’s head on the ground of the victim’s her own hand on one occasion, and her head on two occasions on the ground of a son’s disease, which is a dangerous object on the table of the table; and (c) again, her left hand when the victim’s head was tamped at one time.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cerebral sye, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on standing photographs;

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

1. In light of the reason and means of sentencing under Article 62(1) of the Criminal Act, or the risk of serious injury to the victim when considering the victim’s injury, the fact that the defendant could have been punished for the same kind of crime and that there are several records of criminal punishment are disadvantageous to the defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and stated that his mistake is divided, and that the victim agreed with the victim and the victim expressed his intent not to punish the defendant.

In addition, in consideration of the age, character and conduct of the defendant, circumstances leading to the crime, circumstances after the crime, etc. and all the sentencing conditions shown in the pleadings, the punishment shall be determined as ordered.

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