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(영문) 대구지방법원 2016.04.26 2016고단679
특수상해등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 8, 2016, the Defendant suffered special injury at the first floor of the C main office located in Daegu Suwon-gu, Daegu Suwon-gu, A around 23:30, and had the head of C (39 years of age) who is the head of the above company, while drinking with the above company’s Dong dues, took one time the head of C (39 years of age) who is the head of the above company, and continued several times, followed the victim’s body by taking three weeks’ body, thereby requiring three weeks’ treatment.

2. The Defendant damaged the property by gathering the property equivalent to KRW 50,000 at the time and place set forth in the above paragraph 1. 1. The Defendant destroyed the property by gathering the property equivalent to KRW 550,00 of the market price, such as 14-2 and 100,000 in contact with the victim E, who is the operator of the above main point, without any special reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written diagnosis of injury;

1. Application of statutes on field photographs;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, the reason for sentencing under Article 62-2 of the Social Service Order Act - The more favorable circumstances: reflectivity, the victims’ penalty not to be imposed, and the absence of any criminal records of suspended execution or more: Unfavorable circumstances: The defendant's age, sex, health conditions, home environment, motive, means, consequence, and circumstances after the crime, etc.; consideration of various kinds of sentencing conditions stated in the records of this case, including the defendant's age, sex, health conditions

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