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(영문) 대구지방법원 2019.10.24 2019고단4077

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 became final and conclusive.

Reasons

Punishment of the crime

On July 28, 2019, at around 18:15, the Defendant drinking alcohol along with D(50 years of age) with the victim’s main points located in Nam-gu Daegu-gu “C”. On July 28, 2019, the Defendant inflicted an injury on an empty beer, which is a dangerous thing on the customer, and caused an injury on the victim’s left side, by taking about 2 weeks of treatment on one hand, by taking about 1st time the victim’s straw part on the part of the customer.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A criminal investigation report (as to attachment of a medical certificate for a victim);

1. Application of Acts and subordinate statutes to report internal investigation (for reporting on the upper part of the victim and the attachment of field photographs);

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 in the suspension of execution is that the defendant committed an injury to the victim due to the beer's disease, which is highly dangerous, and that the damage to the victim is considerable.

However, the fact that the defendant is recognized as committing a crime and there is no record of punishment heavier than that of a fine so far, and the circumstances that form the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family relationship, motive and means of the crime, and the circumstances after the crime, etc., shall be determined as ordered by taking into consideration.