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(영문) 대구지방법원 2019.01.10 2018고단4801

특수상해

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. On August 27, 2018, Defendant A, within the Daegu Suwon-gu C Building D, the Defendant’s residence of the Defendant, and on the ground that he was neglected by the victim while drinking alcohol together with the victim B (the age of 44), Defendant C her body fightd with the victim and threatened the victim with a food knife (18cc in length, about 18cc in length, about 13cc in length), which is a dangerous object at his own seat, and had the victim’s hand to deprive the victim of this, and inflicted an injury, such as a stop heat on the right side, for which the victim’s treatment period cannot be known.

2. Defendant B, while fighting the body with the victim A (years 50) and the victim on the same ground as the date and time set forth in paragraph (1), at a place set forth in paragraph (1), she saw the victim’s face by hand and drinking, as dangerous things in the room room, and inflicted an injury on the victim’s back part of the back part of the victim, which requires approximately three weeks of treatment on the part of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on internal investigation (for suspect A's upper part of the body);

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendants subject to suspended sentence: The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”)

1. Where the victim is fully responsible for the occurrence of a crime or the expansion of damage even to a victim in the area of special mitigation (two to one year) (special mitigation) of types 1 (two to one year) of the injury resulting from a special injury or repeated crime according to the sentencing guidelines, or where the victim is fully responsible for the occurrence of a crime or the expansion of damage due to a violation of punishment (including a serious effort to recover damage), or where considerable damage has been recovered;

2. Circumstances unfavorable to the determination of sentence: The Defendants are the knife knife and knife knife knife knife.