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(영문) 대구지방법원 포항지원 2018.04.12 2018고단133
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2017, the Defendant: (a) 09:05 on the ground that the Victim D (20 years of age) who performed drinking together at the “C” restaurant located in the Northern-gu, Northern-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si; (b) Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si; (c) Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si; and (d) Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Ha.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of the Acts and subordinate statutes on the place of each photograph, diagnosis, and original diagnosis record;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. In light of the circumstances that are disadvantageous to the reasons for sentencing under Article 62-2 of the Social Service Order Act, such as the protection and observation, and the fact that the nature of the crime of this case, which inflicted bodily injury on the victim's head several times due to a dangerous object, is not easy in light of the content of the crime of this case, namely, the circumstance that the victim does not want the defendant's punishment, the fact that the victim does not want the defendant's punishment, the fact that there is no record of crimes beyond the same criminal history and fine, the fact that the victim did not have the criminal history, the fact that the mistake was recognized and the attitude of reflecting it appears, and the motive, means and result leading up to the crime of this case, the punishment as ordered shall be determined by taking into account

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