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(영문) 대구지방법원 2018.07.24 2018고단1846
특수상해등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On December 31, 2017, the Defendant: (a) around 04:30 on December 31, 2017, on the part of the “F” restaurant located in Daegu Northern-gu, Daegu Northern-gu, where the Defendant spits the victim’s spits of spits with each other, while taking advantage of the victim’s face as drinking, and caused the victim’s injury, such as bones, bones, etc., where the period of treatment cannot be known to the victim.

B. In the above time, at the same place, the Defendant: (a) inflicted a bodily injury on the victim G (24 years) who was in the operation of the above B, with the brick, which is a dangerous thing at the scene of the victim’s fighting; and (b) with the head of the victim’s head before the victim’s head was cut, the Defendant sustained the injury, such as tearing the victim’s head, which cannot be seen.

2. Defendant B inflicted an injury on the victim A (20 taxes) and Si expenses at the same time, at the same time, and at the same place as the above 1-A, while drinking the victim’s face, and caused an injury, such as a non-alley to which the treatment period cannot be known, by taking care of the victim’s face into account.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of each police suspect against H and I;

1. Statement made by the police against J, K, L, or M;

1. Application of Acts and subordinate statutes to a investigative report (attachings, duplicating photographs, etc.);

1. Defendant A of the pertinent legal provision pertaining to the facts constituting an offense: Articles 258-2(1) (the point of special injury) and 257(1) (the point of injury, the choice of imprisonment with prison labor) of the Criminal Act: Article 257(1) (the point of injury and the choice of imprisonment with prison labor) of the Criminal Act;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Where Defendant A [the scope of recommended punishment] (the scope of recommendation] general injury subject to the mitigation area (two months to one year), the punishment of a person who is not subject to special mitigation [including efforts to recover damage], or considerable damage has been restored for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act (the decision of sentence], and the sentencing criteria are not set in the case of special injury subject to suspended execution for two years.

. Unfavorable circumstances: this.

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