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(영문) 대구지방법원 안동지원 2020.02.18 2019고단624

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:05 on July 20, 2019, the Defendant: (a) while drinking the victim D(49 years of age) and alcohol in Ansan-si B, the Defendant demanded the victim to move to the table with which the Defendant was the Defendant, as the victim drinks women from other tables, while drinking the alcohol; and (b) the victim’s complaint was able to ask the victim to move to the table, which is a dangerous object, the victim’s desire was laid to the Defendant, and the victim was able to know the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports on internal investigation, investigation reports, and application of Acts and subordinate statutes of the written agreement;

1. Relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation: The grounds for sentencing under Article 62-2 of the Criminal Act include the details leading to the instant crime and the risk of the means of the relevant crime, the victim's injury and degree thereof, the records of punishment due to the same kind of crime in the past, and the defendant's mistake, and the defendant's depth and reflects his depth; the defendant's age, character and conduct, family environment, relationship with the victim, motive, means and consequence of the crime; and the circumstances after the crime are considered as ordered.