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(영문) 대구지방법원 서부지원 2019.07.23 2018고단3300

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

The defendant is known to and between the victim B and the victim.

On November 10, 2018, at around 03:17, the Defendant, under the influence of alcohol at the funeral hall of a hospital located in Seo-gu, Daegu, Seo-gu, the Defendant: (a) taken a breath of an empty small-scale disease, which was a dangerous object on the tables, without any reason; (b) taken the breath of the victim, who was locked to the chill and was locked on his/her hand, caused approximately 14 days of treatment to the victim (total 19cm).

The Defendant carried such dangerous objects as above and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to photographs taken by police officers dispatched to the scene;

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

1. Even though there are many criminal records related to violence, the Defendant of the reason for sentencing under Article 62(1) of the Criminal Act, even though there are many criminal records related to the suspended sentence, it is necessary to strictly punish the Defendant, taking into account the risk of the crime of this case and the victim’s situation.

On the other hand, it is decided as per Disposition by taking into account all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, the fact that the victim agreed with the victim (the victim does not want punishment against the defendant), the degree of damage, the circumstances of the crime, the degree of the crime, the circumstances after the crime, the criminal records, the prosecutor's life penalty (one year and six months of imprisonment).