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(영문) 대전지방법원 2020.12.03 2020고단1652
특수상해
Text

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

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

Reasons

Punishment of the crime

On February 6, 2020, the Defendant: (a) around 02:15, on the ground that the dogs raised by the victim at the house of the victim C (ma, 65 years of age) located in Sejong Special Self-Governing City, were sleeped to the dog, and the victim was slicked to the dog, and the victim slicked the chest of the defendant.

From a very close distance to the victim, the Defendant committed an act that seems to have shown that the knife, which is a dangerous object (Garo 24 cm x 14 cm in length), was placed on the head of the Defendant, and committed an assault against the victim, such as “this flife and dead flife flife flife flife flife flife flife flife flife flife flife flife fliffl

As a result, the defendant carried dangerous things with the victim and inflicted an injury in front of the victim in need of treatment for about 18 days.

Summary of Evidence

1. The defendant's partial statement in court C and D's each legal statement;

1. Application of C’s written diagnosis of the police interrogation protocol of the police interrogation protocol of the defendant as to the police interrogation protocol C, written diagnosis of the police interrogation protocol of the police interrogation protocol of the defendant as to the police interrogation protocol of the defendant as to the defendant, written diagnosis of C(s)(s)(s)(s)(s)(s)(s)(s)(1

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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

1. Determination on the assertion of the Defendant and the defense counsel under Article 62-2 of the Criminal Act regarding probation and community service order

1. The summary of the argument is that the Defendant only carried out a sealed and fighting match with the victim, and there was no price for the victim's head and drinking with the victim's head, and the victim's injury is not caused by the Defendant's assault.

2. Recognizing the evidence duly adopted and examined, the following:

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