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(영문) 대구지방법원 2021.02.09 2020고단5013

특수상해등

Text

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

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

Reasons

Punishment of the crime

On April 17, 2020, the Defendant: (a) around 04:25, at the main point operated by the Victim C (Y, 62 years of age) in Nam-gu, Nam-gu; (b) around 04:25, the Defendant argued that the victims D (the remaining, 35 years of age) working at the place and the drinking value of the drinking water, and discarded the ice drinking water contained in the brea, thereby leaving D’s head debt, shakening D’s head debt by hand, shakening D’s body flow, walkinging D’s body flow, and causing injury to D, such as catum, fat, tension, etc. requiring treatment for about 14 days.

The Defendant continued to play an injury to the head of the above C, which had been in the main room of the Defendant, caused the beer residues, which is a dangerous object, to the head of C, and caused the injury to the head of the obscure head that requires treatment for about 14 days for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against C;

1. An injury diagnosis certificate (C), injury diagnosis certificate (D);

1. Application of Acts and subordinate statutes, such as site photographs, CCTV closure photographs, etc.;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury) (Determination of Type) No. 1 (Special Bodily Injury) (No. 1) Special Bodily Injury or Cumulative Bodily Injury [The Category 1] Special Bodily Injury (the scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, six months to two years;

(b) Class 2 Crimes (Inflicting of Injury) [Type 1] General Bodily Injury [Special Sentencing Person] Reduction element: Non-won of Punishment [Scope of Recommendation and Recommendation] Reduction Area, 2 months to October.

(c) Recommendations according to the standards for handling multiple crimes;