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(영문) 대구지방법원 2020.04.01 2019고단5187

특수상해

Text

A defendant shall be punished by imprisonment for 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

On July 5, 2019, at around 21:20 on July 21, 2019, the Defendant met the victim’s face on several occasions with the floor of hand, on the ground that the victim E (the age of 17) was unsatisfy and the victim E (the age of 17) respondeds at the end of the Defendant’s horse, and that the victim’s face was 80cm in total length and approximately 40cm in diameter.

Accordingly, the defendant carried dangerous things and inflicted bodily injury on the victim, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A medical certificate of injury and a detailed medical statement;

1. Application of Acts and subordinate statutes on report of internal investigation (the statement, etc. of a suspected suspect);

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. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act is committed by carrying dangerous articles and causing injury to the victim, and taking into account the grounds for sentencing which are disadvantageous to the fact that the criminal liability is heavy, considering the confession of the defendant, the fact that the defendant has no record of criminal punishment, and the victim has not been punished against the defendant upon agreement with the victim, a sentence identical to the order shall be sentenced to the defendant.