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(영문) 서울중앙지방법원 2020.06.24 2020고단1916
특수상해
Text

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

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

The defendant and the victim B (ma, 55 years old) are Chinese nationality, and the first time on the day of this case.

On February 13, 2020, at around 03:40 on February 13, 2020, the Defendant, along with the victim in Gangnam-gu Seoul “D” restaurant, held the beer’s disease, which is a dangerous object on the table for drinking alcohol with the victim, as his hand, and continued to take the head of the victim’s face.

As a result, the defendant carried dangerous things with the victim about 14 days' medical treatment, and put about 7 cms above the part, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Investigation report (a counter investigation by the head of the department in emergency of the G hospital and the head of the H), investigation report (Attachment to the upper part of the victim), investigation report (the verification of external CCTV data), investigation report (the verification of external CCTV data), and investigation report (the hearing of statements related to the injury E);

1. Application of Acts and subordinate statutes of a medical certificate;

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 for discretionary mitigation;

1. Article 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Dismissal of Application for Compensation (the application for the instant compensation order was filed after the closing of argument, and is inappropriate) of the method of crime was very dangerous, such as unloading the victim’s head from the beer disease, which is a dangerous object.

As a result, the victim suffered approximately 7 cm heat in the mama and received a feling operation.

In addition, the victims appeal the damage while it is necessary to perform an additional operation as the mound is currently in progress, and even if the sex operation is conducted in the future, the chest is not completely removed.

Nevertheless, the damage of the victim was not completely recovered.

However, the defendant recognizes his mistake.

The victim seems to be partly responsible for the occurrence of damage, such as taking the defendant's abusive language.

while the defendant stays in Korea.

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