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(영문) 대구지방법원 2020.02.19 2019고단5131

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On May 21, 2019, at around 23:00, the Defendant: (a) had been talked with the victim D (or 21 years of age) who was hedgingd in C’s stairs located in Busan Metropolitan City, and talked with the victim; (b) had the victim's disease, which was a dangerous object at the victim's own time, caused the victim's injury to the victim, such as throst, requiring approximately two weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to a report on investigation (Attachment of a photograph of a ward);

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a dangerous element of sentencing, taking into account the following factors: (a) the crime of this case was committed by the victim’s head by taking the victim’s head into account the main illness, which is a dangerous element; (b) the crime of this case was committed with heavy liability; and (c) the fact that the victim failed to receive a letter from the victim until now; and (d) the defendant is led to the confession of the crime; and (e) there