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(영문) 대구지방법원 포항지원 2020.06.03 2019고단383
특수재물손괴등
Text

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

However, the execution of the above sentence shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 22:35 on October 26, 2018, the Defendant collected alcohol disease, which is a dangerous object under the influence of alcohol, while drinking together with the victim E (the age of 47) who was under the influence of alcohol, and damaged the body of the victim C, the market price of the victim C, which is a dangerous object under the influence of alcohol, accompanied by the even even the form of an influence of an influence of an influence of the market price of the victim C, and caused the victim E to get off the head part of the victim E, which is a dangerous object, and require approximately seven days medical treatment to the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the fifth trial records;

1. Some statements made by the prosecution against the accused and each police interrogation protocol;

1. A copy of a report on the occurrence of a crime, one copy of the report processing case, and the summary map and photograph of the site of the case;

1. A written diagnosis of injury;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes to each investigation report (a confirmation of suspect A's statement), and (a suspect E's telephone hearing);

1. The point of causing damage and injury to relevant laws and special property of the choice of punishment for crimes: Articles 369 (1) and 366 of the Criminal Act; Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for a special injury heavier than punishment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six months to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Destruction and Damage of Property) (Determination of Punishment) (Special Destruction and Damage [Type 1] No person who commits a repeated crime or special Destruction and Damage [Attachment 1] [No person who is a special person] (the scope of recommendations and recommendations] basic area, six months to one year and two months [general person] of imprisonment;

(b) Class 2 (Special Bodily Injury) (Determination of Punishment) violent crimes; 02. Special Bodily Injury and Bodi Bodily Injury [Type 1] Special Bodi Injury [Special Bodily Harm] - Reduction element:

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