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(영문) 대구지방법원 상주지원 2020.02.11 2019고단186
특수상해
Text

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

Around 13:20 on December 11, 2018, the Defendant: (a) was at the construction site of the B Village Development Project, and (b) the victim C (the age of 34) was moving back the Posium cargo in order to load the calcium, and (c) the Defendant was able to get off the calcium and check the calcium; and (d) the victim was able to get off the calcium with the calcium and check the calcium “if you get off the calcium and check the calcium”; and (e) the victim’s face was 1-2 times by taking about 4 weeks back the calcium’s face, which is a dangerous object that the victim would not have been scalcium, and was inflicted an injury on the victim, such as so on the scalcium’s wave, including the calcium in need of treatment for about 4 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each injury diagnosis letter;

1. A written request for treatment;

1. Each investigation report [the victim, prior to the occurrence of the instant case, only received a chronic cryposis and a cryposis, and was diagnosed immediately after the occurrence of the instant case, it shall be deemed that the instant facts charged have been committed by assault of the defendant. Thus, the Defendant may be found guilty of the instant facts charged] application of the law

1. Article 258-2 (1) or 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (i.e., the fact that the defendant commits an error and the fact that the defendant has sustained two weeks of injury due to a traffic accident that occurred at the time);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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