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(영문) 대구지방법원 2018.10.11 2018고단2160

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Criminal Records] On September 7, 2017, the Defendant was sentenced to two years of suspended execution in October, 2018 by the Daegu District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the main sentence"), and the said judgment became final and conclusive on May 18, 2018.

[2] On May 15, 2018, the Defendant: (a) around 03:50 on May 15, 2018, while under the influence of alcohol within the “sing room” located in Yongcheon-si, and (b) expressed that “I am, Chewing, 20 years of age” was “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am at the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigative reports (Submission of a diagnosis report of a victim);

1. CCTV video CDs;

1. Previous offense: A written reply to inquiry, such as criminal history, investigation report (the confirmation date of the final judgment of the Supreme Court Decision No. 2017No. 2017No. 4191) (the defendant and his/her defense counsel asserted that there was no fact that the defendant had any dispute over which the defendant fladdds the victim's timber or has any remaining balance with the principal branch of the lawsuit, but according to D's statement, field CCTV image, etc., it is sufficiently recognized that the defendant flads the victim's timber as stated in the judgment and collected the dispute containing any remaining balance with the principal branch of the lawsuit, which is a dangerous object, toward the face of the victim).

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order have already been included in the sentence of imprisonment for the same crime.