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(영문) 대구지방법원 서부지원 2018.04.24 2017고단2268
특수상해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 15:00 on August 7, 2017, the Defendant and B instructed the victim E (24 years of age) to pay the money borrowed from the victim E (hereinafter referred to as “D Hospital”) at the 403 heading room in Daegu-gu, Daegu-gu, 2017, the Defendant and B instructed B to have the victim paid the money later. The Defendant instructed B to have the victim paid the money later, and the Defendant had the victim with the things that may be able to pay the money later. B brought the hick (82 m in length) which is a dangerous object in the sick room and dangerous object, and the Defendant took the victim’s humb and humbus as the humbus and broom. B took part in the victim’s busging bus as the busg and busg.

As a result, in collusion with B, the Defendant carried a dangerous broom and brooms with brooms and brooms, and carried them with the victim’s brooms with the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police for E;

1. Records of seizure (voluntary submission), list of seizure, report on investigation (Attachment of seized objects) and photographs of the tools and photographs of crimes;

1. Application of Acts and subordinate statutes to investigation reports (in respect of failure to submit a medical certificate), investigation reports (Attachment to photographs of the upper part), and photographs of the damaged parts;

1. Articles 258-2 (1), 257 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is deemed to be committed within a hospital and resulting in injury to a patient at the same time as in the hospital.

However, in consideration of all the circumstances, such as the fact that the defendant received a letter from the injured party and agreed with the injured party, there is no record of punishment exceeding the fine of the accused, the fact that the defendant has mistakenly recognized and reflected the defendant, and the age and health status of the defendant, the punishment as the order shall be determined.

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