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(영문) 대구지방법원 서부지원 2020.02.12 2019고단3426
특수상해등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 31, 2019, the Defendant was sentenced to ten months of imprisonment for special assault in the Daegu District Court’s Port Branch, etc., and completed the execution of the sentence at the Daegu Detention House on September 25, 2019.

【Criminal Facts】

1. On November 20, 2019, the Defendant: (a) around 19:55 on November 20, 2019, at the “C” restaurant located in Seo-gu, Daegu-gu, Seo-gu, (b) had his/her name influence and influence, and had his/her name influence and influence.

Therefore, the victim D(59 years of age) who is the site of the name unclaimed winner who performed the alcoholic beverage in the table table, said D(59 years of age) is the defendant "I't I't am," the part of the victim's regular lecture is cut off by his hand, the victim's flab was cut off by flading and pushed off with the flab, and the clobbbb on the table was cut off by the clobbbb, and the part of the victim's flab, which is a dangerous object, was flad by the clobb.

As a result, the Defendant carried dangerous objects and inflicted bodily injury on the victim for about 14 days, which requires treatment.

2. The Defendant: (a) abused D from “C” operated by the victim E on the same date as referred to in paragraph (1) 1, for the same reasons as referred to in paragraph (1); and (b) caused the neighboring people to have the Defendant do so on a multiple occasions due to drinking and growth, the market price of which is equivalent to KRW 110,000,000, which is the victim’s possession, to damage the unclaimed repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of D or E;

1. Each investigation report (Evidence List 9-12);

1. Each photograph (Evidence Nos. 2 to 4);

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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