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(영문) 대구지방법원 김천지원 2019.06.27 2018고단1023
상해등
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal Power] On July 13, 2016, the Defendant was sentenced to one year of imprisonment for special injury, etc. in the Daegu District Court Kimcheon Branch of the Daegu District Court, and was released on February 28, 2017 and the parole period expired on March 27, 2017 in a resident prison.

【Criminal Facts】

1. On August 31, 2017, at around 04:12, the Defendant, C, and D’s joint criminal conduct, while drinking alcohol together with C, and D, around the same week, C and C were under drinking together with C, and C, before the above week, on the ground that C and C (the age of 26) were in dispute with C, and C were under drinking for the victim’s face at a time when the victim said dispute, C were under the influence of C and C, and C were under the influence of the victim’s face at a time when the victim said dispute. The Defendant expressed the victim’s desire, led the victim’s body, led the victim’s body, and D was under the victim’s head debt and face.

Accordingly, the defendant assaulted the victim jointly with C and D.

2. At around 04:40 on March 23, 2018, the Defendant spits the victim B (the age of 32) who was seated in the J restaurant located in Gumi-si I, and spits the victim’s face, continued to be outside the above restaurant, and spits the victim’s face and spits the victim’s face, spits the victim’s face, twice the victim’s face face, two times off, and once again, the victim spits the victim two times in a volume, thereby causing injury to the victim, such as spits, spits, etc. on the part of the inner part in need of medical treatment for about 21 days, and the part of the inner part in need of medical treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and K;

1. Examination protocol of the accused by prosecution;

1. Some statements of the police interrogation protocol concerning C and D;

1. Each police statement to G, H, and K;

1. The police statement concerning B;

1. Each written statement of L and M;

1. Four copies of CCTV-cap photographs, CDs, and photographs;

1. A photograph of a fireproof report (on-site conditions), seven photographs, and CCTV-cape photographs;

1. Reports on internal investigation (related to attachment of a medical certificate) and each medical certificate for injury;

1. Records of judgment: Criminal records, etc.;

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