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(영문) 대전지방법원 2020.06.04 2019고단2725
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

At around 04:00 on February 6, 2019, the Defendant: (a) obtained c'C' in Seo-gu Daejeon, Seo-gu, Daejeon on the ground that the victim D (nive, 19 years of age) does not drink alcoholic beverages; (b) creamed the victim's right part of the victim's right growth due to the glass so that the victim would drink it; and (c) clicked the victim's right part of the victim's right growth; and (d) clicked the victim's head flick with the victim's head flick, and flicked the victim's head flick with the victim's head flick, and flicked the victim's inside the right side and the inner wall flick for about 5 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photograph (faging on the on-site CCTV screen);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the crime of this case is committed against the victim physically weak than himself/herself and there is a high possibility of criticism. The defendant cannot easily understand the motive leading to the crime of this case, the damage suffered by the victim of this case is considerably serious, and the defendant has not yet been able to use it from the victim.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, and the victim who has suffered a conflict with himself/herself has committed an assault against the victim by contingently provoking his/her face, the fact that the defendant did not have any other criminal records except that he/she has been sentenced once to a fine due to the obstruction of performance of official duties, and that the defendant deposited KRW 4 million for the victim, and other circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc.

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