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(영문) 대구지방법원 서부지원 2019.06.19 2019고단350

특수상해

Text

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

At around 06:20 on January 10, 2019, the Defendant performed drinking together with the Defendant’s house located in the Daegu Seo-gu building B building C, with the victim D (23 years of age) who was aware of his reputation, on the ground that the victim saw the Defendant’s horse, the Defendant saw the victim’s face and body part by drinking the Defendant’s head and body several times on the ground that the victim saw the Defendant’s horse, and cut off the victim’s head and shoulder on the ground of an empty fluoral disease, which is a dangerous object in the surrounding area, and caused the fluoral disease again facing the fluoral, thereby putting the head and shoulder of the victim’s head and shoulder, and brushing the victim in need of medical treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to report on the occurrence of a disaster, and report on investigation (to listen to the statement of a spacker telephone);

1. Relevant Article 258-2 (1) of the Criminal Act concerning the facts constituting an offense, Article 257 (1) of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The sentence shall be determined as ordered by taking into account all the circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the situation that conditions for sentencing specified in the pleadings of this case, including the fact that the statutory punishment for the crime of special injury, which is a dangerous object, is stipulated only in the imprisonment, and that it is impossible to choose another type of punishment because it is stipulated only in the statutory punishment for the crime of special injury: confession and reflects the fact that the victim wants to take the wife, and only one time of fine for another type of crime, and that