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(영문) 대구지방법원 서부지원 2019.06.05 2019고단81
특수상해
Text

A defendant shall be punished by imprisonment for six 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

At around 23:00 on November 20, 2018, the Defendant: (a) 'Cju', located in the Daegu Seo-gu B, Daegu-gu; (b) 'Cju', after drinking alcohol with the drinking, changed the drinking value to the victim D (21 years of age) who is an employee of the said main shop after drinking alcohol; (c) but the victim was in dispute with his refusal to do so on the ground that he did not refuse it; (d) ambling the victim's chest by hand; and (e) ambling the victim's chest by gathering the glass balance, which is a dangerous object in the carbing, led the victim to the back of the victim's back.

As a result, the Defendant committed two cases such as requiring medical treatment for about 14 days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Attachment of field photographs;

1. Application of Acts and subordinate statutes attached to written diagnosis;

1. Relevant Article 258-2 (1) of the Criminal Act concerning the facts constituting an offense, Article 257 (1) of the Criminal Act;

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 sentence shall be imposed as ordered, comprehensively taking into account all the circumstances, such as the defendant's age, character and behavior, environment, motive and background, means and consequence of the crime, and the situation of the crime after the crime, etc., which are the conditions for sentencing, as shown in the argument of this case, including the following: The statutory penalty for the crime of special injury is stipulated only in the imprisonment, and thus, it is impossible to choose any other punishment because it is impossible to choose the other punishment: confession and reflects; the fact that the defendant has been punished once by a fine for a different kind of crime prior to 19 years;

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