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(영문) 대구지방법원 경주지원 2020.02.13 2019고단599
특수상해
Text

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

However, 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

On September 4, 2019, at around 21:15, the Defendant collected beer’s disease, which is a dangerous object that was entrusted on the ground that the victim took a bath to himself/herself while drinking alcohol together with the victim D (ma, 59 years of age), and that the victim took a face once he/she took a drinking, and puts the beer’s disease into his/her hand, and put the victim’s head into two columns where the treatment date cannot be known.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Investigation report (as to the attachment of the site conditions and photographs), - The body of the victim and on-site photographs;

1. Investigation report (the attachment of first-aid and first-aid photographs to victims) - the application of Acts and subordinate statutes to emergency medical services logs and photographs of victims themselves;

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. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is based on a comprehensive consideration of the following factors: (a) the developments leading up to the instant crime; (b) the father and degree of the victim’s injury; (c) the method of committing the crime; (d) whether the victim has recovered from damage; (e) the criminal records; and (e) the Defendant’s age, environment, character and conduct, motive and means of the crime

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