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(영문) 청주지방법원 2021.01.14 2020고단549
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 13, 2020, the Defendant drinked the Victim D (Inn, 55 years of age) and drinking at C restaurant located in Heak-gu, Soak-gu, Chungcheongnam-gu, Cheongju on February 13, 2020, and the Defendant did not “10 years of age”.

The part below the right side of the victim knife knife (10cc in the blade) has reached knife, which is a dangerous object of the knife and knife knife, while making a flife or a dispute on the ground of the flife, and has reached knife once.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as open wound part of the chest that requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written diagnosis of injury;

1. A seizure list;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. In light of the fact that the method of punishment of this case, which puts the chest on the part of the defendant using a knife k for sentencing under Article 48(1)1 of the Criminal Act, is very dangerous, and that the victim did not yet agree with the victim, a strict punishment against the defendant shall be imposed.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime and committed the instant crime, and against the mistake, the Defendant appears not to repeat the crime; (b) appears to have committed any contingent crime under the influence of alcohol; (c) the victim’s injury was not much severe; (d) the Defendant did not have any other criminal record once a fine is imposed in around 1981; and (e) the Defendant did not have any other criminal record, including the Defendant’s age, sex behavior, environment, details of and conditions before and after the instant crime, etc., the sentence shall be determined as per the Disposition.

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