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(영문) 대구지방법원경주지원 2020.11.25 2020고단442

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreigner of Vietnamese nationality.

On April 11, 2020, the Defendant: (a) around 23:00 on April 23, 2020, around 200, along with the victim D (Inn, 35 years of age) and friendships of Vietnam nationality in building C, and (b) had a fluoral game of fraud material, which is a dangerous object that the victim had been at the same time, for the reason that the victim satising the satisfe to the next side of the victim, followed the part of the victim, thereby making it impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes to internal investigation reports (in relation to statements of a victim), photographs of parts against the victim, photographs of the suspected victim A, photographs of the suspected victim A, and foreign registration certificates;

1. Article 258-2 (1) or 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence shall be determined as per the disposition, taking into account the following factors: (a) a crime committed against the women who are the weak having reasons for sentencing under Article 62(1) of the Criminal Act; (b) the risk of an act, etc.; (c) however, considering the fact that economic prices are provided; and (d) an agreement is reached with the victims; (c) relationship with the victims; and (d) contingent crimes.