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(영문) 대구지방법원 2020.06.18 2020고단1047

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 28, 2020, at around 00:36, the Defendant: (a) placed the victim D(28 years of age) in front of the “C” located in Daegu Suwon-gu Suwon-gu B, in bad condition; (b) placed the victim’s inside and outside part of the victim in a manner of displaying the item (60cm in length) which is a dangerous object from a trial, during the dispute between the victim and the victim, and placed the victim a eye and string around the snow for about 14 days.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning D, a written statement;

1. Each photograph attached to a report on internal investigation (on-site CCTV confirmation), a report on investigation (influence of a victim), and a report on investigation (influence of a suspect and each photograph of a victim who assaults the victim);

1. Application of Acts and subordinate statutes on medical certificates and medical treatment receipts;

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of various sentencing conditions as shown in the records and arguments, such as the following circumstances and age, character and conduct, home environment, motive, means and consequence of the crime, and the circumstances after the crime.

Disadvantageous circumstances: The defendant is highly likely to be subject to criticism by committing a crime that causes the victim to display each item, which is dangerous to the defendant.

The favorable circumstances: The crime is recognized.

After the closing of argument, the agreement was reached with the victim.