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(영문) 대구지방법원 서부지원 2018.01.17 2017고단2973

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 November 8, 2016, the Defendant: (a) while eating at “D” restaurant located in Seogugu, Daegu, Daegu, around 02:00, the Defendant laid down the entrance opened by the Defendant, which was a customer, to throw away from the entrance, the victim E (49 years of age) who was a customer, and then laid down the entrance. (b) The Defendant moved the victim’s face out of the said restaurant, leading the victim to five times, leading the victim’s face to the outside of the restaurant, leading the victim to five times, leading the victim’s face to the outside of the restaurant; and (c) the victim’s head, which is a dangerous object continuously installed at the victim’s side and continued to walk the victim’s head, was 5 times, the Defendant laid off the victim’s head, which is a dangerous object that the victim’s head was needed for about five weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to a report on internal investigation (a photograph taken of the victim's bodily injury, etc.), a report on investigation (a search and investigation into the witness in the field), a report on investigation (Attachment of a written diagnosis of injury), and a report on investigation (the confirmation of on-site

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. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the following facts are considered: (a) the liability for the crime of this case is not less strict in light of the background leading up to the occurrence of the crime of this case and the degree of injury to the victim; (b) the defendant has been living for a period of less than one year; (c) the criminal records of violence committed against the defendant four times; (d) the defendant is against himself/herself at the time of committing the crime of this case after being detained; (e) the defendant has agreed with the victim only smoothly;