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(영문) 대구지방법원 2019.10.02 2019고단3219
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are the kind of friendship-gu history with mutual knowledge from high school to high school.

1. On March 22, 2019, at around 03:59, Defendant A, while drinking alcohol together with the banes, including the victim B (20 years of age) in Daegu-gu, Daegu-gu, Seoul-gu, Defendant A, under the influence of alcohol, got the victim to have a verbal dispute with the victim, Defendant A was suffering from an empty brue, which is a dangerous object in the table booms, thereby getting off the victim’s head and booming the victim’s face.

As a result, the defendant carried dangerous articles and carried about about two weeks of treatment to the victim, and put the head and back lower part of the body, which require treatment.

2. Defendant B, at the above date, at the above time and place, collected the victim A(20 years of age)’s disease, which is a dangerous object on the table, and laid down the victim’s head head and left the victim’s face. In addition, Defendant B, at the above time and place, took the victim’s face.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each report on investigation;

1. A medical certificate;

1. Photographs of each upper part of the body;

1. Application of the Act and subordinate statutes to video CDs on the face of a crime;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 258-2 and 257(1) of the Criminal Act;

B. Defendant B: Articles 261 and 260(1) of the Criminal Act; the choice of imprisonment

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order [Defendant A]

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] and the scope of the recommended punishment [the category 1] special injury (including a special person) or special injury (including a serious effort to recover damage) or considerable damage is restored to the mitigated punishment (the scope of the recommended and recommended punishment], the mitigated punishment area, and the imprisonment with prison labor for a period from April to one year.

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