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(영문) 대구지방법원 포항지원 2019.10.16 2019고단879

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

[criminal power] On August 21, 2019, the Defendant was sentenced to imprisonment with prison labor for a crime of violating the Fishery Resources Management Act, 10 years of suspended execution, 80 hours of community service order, and the judgment was finalized on August 29, 2019.

【Criminal Facts】

At around 21:00 on January 21, 2019, the Defendant: (a) at the point of “C” located in Nam-gu, Nam-gu, Nam-gu; (b) on the ground that the main point of the Defendant was not on credit with respect to the Defendant’s drinking value; (c) on the ground that the main point of the Defendant’s drinking is not on credit with respect to the Defendant’s drinking value, the drinking branch and the inside of the bar, which is a dangerous object on the table, are taken hand, and the Defendant was faced with the victim D(54 years of age) seated above the right shoulder of the victim D(54 years of age) and the victim was faced with approximately two weeks on the side of the bridge.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Photographs;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, indictment, application of Acts and subordinate statutes governing the defendant's statutory statement;

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 reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is the fact that the defendant was punished for committing violent crimes, the fact that there was no repayment or agreement is unfavorable, the defendant's mistake is recognized, the degree of damage is relatively minor, and the crime recorded in the criminal records as indicated in the decision of the defendant and the case in this case could have been tried together with the crime in favor of each other, and the punishment shall be determined like the order, taking into account all the circumstances shown in the arguments of this case, such as the defendant's age, character and behavior