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(영문) 대구지방법원 서부지원 2019.08.28 2019고단1384

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

On April 21, 2019, the Defendant accumulated the victim D (year 45) and alcohol in Daegu-gu B and C around 08:58, the Defendant was on the female-friendly E-gu of the victim, a business owner of C, while drinking the victim D (year 45) and alcohol.

Accordingly, when the victim who was suffering from franchising the defendant, the defendant was the victim, and the defendant was the victim, who was the victim's face at a time and was in danger of drinking, so that the victim was faced with the victim's head.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to each photograph (Evidence Nos 2 and 12);

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. Reasons for the suspended sentence under Article 62 (1) of the Criminal Act: The court shall determine the sentence as shown in the Disposition, comprehensively taking into account all the circumstances that form the conditions for the sentencing specified in the pleadings of the instant case, including the following: (a) the person who is a dangerous object, was the injured party; (b) the statutory penalty for the crime of special injury is only stipulated in the imprisonment with prison labor; (c) the person who is unable to choose another type of punishment is subject to the suspended sentence once due to violence-related crimes; and (d) the person who has reached an agreement with the injured party; and (c) the person has no record of other crimes except the above eight years prior to the punishment; and (d) the person has no record of other crimes except the above eight years prior to the punishment;