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(영문) 대구지방법원 2018.10.25 2018고단3603

특수상해

Text

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

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

Reasons

Punishment of the crime

On June 21, 2018, at around 23:40, the Defendant d (54 years) and drinking drinking at “C main points” located in Daegu Suwon-gu B, for the reason that the victim acted without any brucation, and carried a bridge with the victim, and carried a bridge, which is a dangerous object on the brue and carried a body fighting with the victim, she saw the beer’s back to the left part of the victim.

In this respect, the defendant carried dangerous objects and brought the victim's side to the left-hand side of the treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. A criminal investigation report (a photograph of damage and a diagnosis submitted by the victim), and a criminal investigation report (attaching photographs of beer);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing as follows)

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is limited to the scope of the recommended punishment [the scope of the recommended punishment], special injury, or repeated injury, which is a type 1 (special injury) (4 months to 1 year), the mitigation area (including special mitigation persons), the punishment is not limited (including serious efforts to recover damage), or considerable damage has been restored;

2. Circumstances unfavorable to the determination of sentence: The defendant's act of inflicting an injury upon the victim's return to the victim due to beer's disease at the end of his minor vision is flick in light of its danger, etc. In light of the degree of injury, the defendant's crime is recognized and reflected. The victim does not want the punishment of the defendant by mutual consent with the victim. There is no record of punishment exceeding the same criminal record and fine for over 30 years. The defendant's age, occupation, sex and environment, family relationship, relationship with the victim, motive and background of the crime, means and consequence of the crime, and the result of the crime.