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(영문) 대구지방법원 2019.02.01 2019고단170
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Of the facts charged of this case, assault is committed.

Reasons

Punishment of the crime

On December 27, 2018, the Defendant: (a) around 20:14, the Defendant: (b) placed a kitchen of the Defendant’s wife C (n, 57 years of age), “D” restaurant operated by the Defendant’s wife C (n, the Defendant did not take the victim’s funeral before the victim goes through, and (c) took a kitchen, which is a dangerous thing in the victim’s kitchen, or (d) placed in the said restaurant, (e) the kitchen knick (1.5 cm in total length, 18 cm in length) and the victim’s kitchen knick, and threatened the victim’s knick, and (e) the victim tried to avoid it, and (e) laid the victim’s body, knife the victim’s body.

As a result, the defendant suffered from a person who is unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

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. In the event that a defendant for sentencing under Article 48(1)1 of the Criminal Act committed the instant crime, even though he/she had a record of having been punished by a fine due to an injury to a victim, he/she continues to commit the instant crime, he/she shall be sentenced to the penalty in the sense

On the other hand, considering the fact that the defendant reflects his mistake, the result of injury has occurred that the victim is trying to avoid threatening, and the victim withdraws his complaint on January 10, 2019, it is decided as per the order to determine the punishment.

Public Prosecution Rejection Parts

1. On December 26, 2018, the summary of the facts charged: (a) around 21:25, the Defendant, at a “D” restaurant operated by the Defendant’s wife C (Inn, 57 years of age) located in the Defendant’s wife B (hereinafter “D”) of the Defendant’s wife B, the Defendant complained of the victim’s performance of drinking services until the latest time, and assaulted by 10 minutes.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, and Article 260 of the Criminal Act.

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