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(영문) 대구지방법원 의성지원 2020.04.23 2020고단16
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. 특수상해 피고인은 2018. 8. 2. 23:50경 경북 청송군 B에 있는 피해자 C(여, 41세) 운영의 D노래연습장에서, 피해자가 피고인의 일행인 E에게 돈 이야기를 한다는 이유로 화가 나 주먹으로 피해자 머리 부위를 때리고, 위험한 물건인 맥주병으로 피해자 이마 부위를 2회 때려 피해자에게 약 2주간의 치료가 필요한 얼굴의 으깸손상, 얼굴 열상을 가하였다.

2. The Defendant damaged property by means of microphones owned by the victim C and monitoring at the same time, at the same time and at the same place, to ensure that the repair cost of KRW 6.30,000 is equal.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the attachment of documents related to the treatment of a hospital for the victim), investigation reports (in relation to the attachment of nanotechnology monitors and microphones);

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 366 of the Criminal Act concerning the choice of punishment (the occupation of inflicting bodily injury with a deadly weapon), and Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing factors indicated in the pleadings of the instant case, including the following circumstances for discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act and other factors such as Defendant’s age, environment, character and conduct, motive and conduct of crime, means and consequence of crime, etc., shall be determined in full view of the sentencing factors indicated in the arguments of the instant case.

The favorable circumstances: The defendant recognized his mistake and divided.

D. Unfavorable circumstances: The instant crime was committed by the victim of a singing practice room business, despite lending KRW 500,00 to the Defendant’s response to the Defendant’s demand, and without any particular reason, by assaulting the victim with beer disease, and destroying microphones, monitors, etc., and the crime is not committed in light of the circumstances and the part of the injury.

The body of the victim shall be the body of the victim.

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