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(영문) 대구지방법원 서부지원 2019.08.28 2019고단1379

특수상해

Text

A defendant shall be punished by imprisonment for six 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

The defendant and the victim B (the age of 24) were the work bonus at the Cmate Emp sexual bookstore.

At around 16:00 on May 2, 2019, the Defendant: (a) while carrying out the parking management work at the Cmate Ma-type parking lot located in Daegu, the Defendant thought that the victim, who had carried out the sales management work, had been in the parking lot to take turns out to the parking lot for the purpose of parking management work going earlier than the scheduled time due to the large number of business hours; and (b) decided to the effect that the victim, who had been in charge of the sales management work, was "dle this early," and that the victim was "dle," and the victim was in time with the victim and the victim, who was in charge of drinking, was at the victim's face, and the victim's face was able to take part in drinking.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as a closed euthanm fever which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes of each internal investigation report and investigation report (Evidence Nos. 1, 4, 5)

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The punishment as ordered shall be determined by comprehensively taking into account all other favorable circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the argument of this case, including the following: (a) the statutory punishment for special injury is stipulated only in the imprisonment, and thus it is impossible to choose any other punishment because it is impossible to choose the other punishment; (b) the victim cannot agree with the victim; (c) the victim