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(영문) 대전지방법원 2020.10.21 2020고단3402
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 37) are pregnant women with 8 parking spaces who are pregnant victims due to the married couple's death.

1. 폭행 피고인은 2020. 7. 24. 04:00경부터 같은 날 06:00경 사이에 대전 서구 C아파트 D호에 있는 피고인의 주거지에서, 피해자가 거실에서 잠을 자고 있는 것을 보고 피해자에게 다가가 아무런 이유 없이 피해자의 옆구리를 발로 2회 가량 툭툭 찼고, 이에 피해자가 “임신한 것 알지 않느냐, 어떻게 임산부를 발로 찰 수 있느냐”라고 항의하자 피해자의 허벅지 부위를 발로 2회 가량 찼다.

Accordingly, the defendant assaulted the victim.

2. At around 19:50 on August 5, 2020, the Defendant suffered special injury: (a) at the same place as the preceding paragraph on August 5, 2020; (b) on the ground that the victim informed her husband and wife of the fact that she had known her claim by telephone conversations with her friendly money; (c) on the part of her husband and wife, her face and head at a multiple time, her face and head gate back to several times; and (d) on the part of her husband and her head, her back and her back to a multiple number, her kyllog ( approximately 90 cm in length) with her

As a result, the Defendant carried dangerous things and carried them for about three weeks to receive medical treatment, such as "Ball and side ball and several side balls open."

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Photographs of each damaged part;

1. Camera kylgraphic photo;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning the crime;

1. On July 24, 2020, the charge of the crime on July 24, 2020, when the issue of Article 37 (1) 2, Article 38 (1) 2, and Article 50 of the Criminal Act aggravated concurrent crimes is determined by the Defendant’s act of violence as an exercise of force against the body of the victim.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment;

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