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(영문) 대구지방법원 2019.01.29 2018고단5317

특수상해

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2018, the Defendant: (a) on July 4, 2018, around 22:20, at the “C” restaurant where his wife located in Busan Metropolitan City B, the victim D (58 years of age) marks his wife’s name and read “Is the victim’s wife,” and (b) caused the victim’s wife and the victim to go out of the restaurant.

5. At around 00:20, the head of the victim was unloaded once by a small-scale disease, which is a dangerous object, by getting back to the above restaurant, and the head of the victim was broken, and the part of the victim's left part was laid down once by a shouldered bottle, and the victim took part in the victim's chest by cutting the victim's chest over the floor with his/her hand, and taking part in the victim's boom, the bridge, and the shoulder.

As a result, the defendant carried dangerous things with the victim and put about about six weeks of treatment, such as the heat, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of reference witness to the prosecution concerning D - One answer-type;

1. The police statement concerning F;

1. Each injury diagnosis letter;

1. Application of three copies of photographs to Acts and subordinate statutes;

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

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Where mitigation area (special mitigation) of category 1 (special injury), mitigation area (special mitigation person), punishment not exceeding 4-1 (including serious efforts to recover damage), or considerable partial damage is recovered (decision of sentence] imprisonment for one year and four months, probation period of three years, the circumstances under the suspension of execution and other circumstances under the suspension of execution, such as the defendant's age, occupation, character and behavior, environment, motive, means, and consequence of the crime, and the various conditions of sentencing as shown in the argument of this case, shall be determined as the order.

D. Unfavorable circumstances: The defendant's disease, which is a dangerous object, is a crime with the head of the victim and brue, and it is very serious result in the light of the form of the act.