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(영문) 대구지방법원 의성지원 2021.01.14 2020고단366
특수상해
Text

A defendant shall be punished by imprisonment for six 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

At C, around 18:35 on July 26, 2020, the Defendant: (a) had a victim D ( South, 56 years of age) who is a customer of the above restaurant; (b) and (c) where he had a view to:

Some Doz.

In the process of dialogueing “,” etc., the victim was injured by an empty beer, which is a dangerous object on the table of the table, due to having been on the victim, who was in need of medical treatment for about 28 days.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement of the police's statement to D in the police interrogation protocol of the suspect interrogation protocol (on-site photographs and records of damage) to D in relation to D in relation to the police interrogation protocol of the suspect interrogation protocol of the defendant, diagnosis report of injury, investigation report (in relation to investigation when he/she makes a statement by a witness E), investigation report (in relation to investigation), investigation report (in relation to on-site photographs when he/she makes a statement by a witness E), investigation report (in relation to on-site telephone conversations), investigation report (E, F telephone statement hearing and recording)

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 to mitigate small amount;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentencing factors indicated in the arguments of the instant case, including the Defendant’s age, environment, sex, motive for committing a crime, means and consequence of a crime, etc., shall be determined by comprehensively taking account of the following circumstances, and the sentencing factors indicated in the arguments of the instant case.

D. Unfavorable circumstances: The nature of the crime is not good in light of the method and the side of the instant case, and there is a record of being fined three times for violent crimes.

The favorable circumstances: The defendant recognized his mistake and divided, agreed with the victim, and there is no significant history exceeding the fine.

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