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(영문) 대구지방법원 2018.10.16 2018고단3511

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is a de facto marital relationship with the victim B (n, 53 years of age).

On August 4, 2018, the Defendant, at around 02:50, at his own residence in Daegu Northern-gu C and 1, on the ground that the Defendant, on the ground that he was fluorized from the damaged person, caused fraud, which is a dangerous object on the table of the living room, to the face of the victim, led the victim to tear down the right side of the victim.

Accordingly, the defendant carried dangerous objects and carried them to the right side, where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of each statute on photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act, the choice of punishment for a crime under the relevant Article of the Criminal Act, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation of orders to attend lectures [the scope of recommendations] Special Bodis and repeated crimes: In cases where the area of mitigation (four months to one year), the area of mitigation (including efforts to recover damage), the area of punishment not for punishment (including special mitigation) or considerable damage, or where considerable damage has been restored (the decision of sentence] imprisonment with prison labor for ten months, or the period of suspension of execution of two years disadvantageous to the execution of sentence: the crime is not good;

A favorable circumstances: There is no record of crime exceeding a fine and the victim does not want to be punished.