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(영문) 대구지방법원 2018.10.18 2018고단3624
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On July 20, 2018, at a restaurant operated by the victim E (n, 50 years of age) located in Daegu Dong-gu, Daegu-gu, Daegu-gu, around 18:50 on July 20, 2018, the Defendant laid down the part of the victim's right head on one occasion by a shoulderer who is a dangerous object of the victim's breaking the pedal at the above restaurant, and caused the victim a head cover that requires a treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. Medical certificates (E);

1. An investigation report (Attachment to CCTV-recordings, etc. in generated places), the application of CD-related Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The criteria for sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendations] The scope of sentencing under Article 62(1) of the Criminal Act shall be determined as the same sentence as the disposition, comprehensively taking into account the following conditions of sentencing, such as the circumstances under which the sentence was rendered and the defendant’s age, occupation, sex, family relationship, family relationship, and circumstances before and after the crime, where the punishment was not imposed (including a person who has been specially mitigated for April to one year), or considerable partial damage was recovered.

- The commission and reflect of the crime, and the initial agreement with the victim, that the defendant inflicted an injury on the victim due to a shouldered beer disease, whose nature of the crime is inferior -

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