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(영문) 대구지방법원 서부지원 2019.09.26 2019고단1157
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

On April 18, 2019, the Defendant, at the Daegu-gu restaurant located in B around 22:05, told the Victim C(58 years of age), D, etc. to challenge the Victim for reasons of infertility, but continued to make multiple investments, after the head of the Victim was fested due to a dangerous pest, and after the head of the Victim was teared, the Defendant inflicted an injury upon the Victim requiring treatment in a certain number of days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the victim's upper part, the photograph of the criminal tools, and the investigation report (No. 4).

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant recognizes the crime of this case, the fact that the victim does not want the punishment of the defendant, the degree of injury, etc.);

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

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