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(영문) 대구지방법원 서부지원 2020.02.05 2019고단2353

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

Around 16:40 on August 17, 2019, the Defendant, while drinking alcohol together with the victim D (the age of 55) in Seo-gu, Daegu, Seo-gu, about August 16:40, 2019, the Defendant collected fluor’s disease, which is a dangerous object on the table table, and caused injury to the victim, such as face face, which requires approximately two weeks of treatment.

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. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The punishment as ordered shall be determined by comprehensively taking into account all other 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 circumstances following the crime, etc., which are the conditions for sentencing as shown in the argument of this case, including the fact that the statutory punishment for the crime of special injury is stipulated only by imprisonment, and that it is impossible to choose any other punishment because it is stipulated in the statutory punishment for the crime of special injury: the confession and reflects; the victim has agreed to do so