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(영문) 대구지방법원 상주지원 2018.11.27 2018고단233
특수상해등
Text

A defendant shall be punished by imprisonment for six 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 May 4, 2018, at around 05:0, the Defendant: (a) brought an injury to the victim D (59) who was enrolled in the front door of C, the third head of C, who had been living in B, and was living in his seat at around 05:0; (b) brought an injury to the left-hand knee of the victim, which requires treatment between approximately 28 days and about 14 days, on the ground that he/she acted in an ordinary manner; (c) taken the victim’s face side by drinking, and puts down the knee pipe (3.3 meters in length, diameter, 25 millimeters in diameter), which is a dangerous thing, on his/her hand; and (d) took the part of the victim’s left-hand bridge, such as the complete escape of the upper right-hand kne, which requires treatment between approximately 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes of the internal investigation report (No. 3 of the evidence list), investigation report (No. 13 of the evidence list);

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 provides that the degree of injury of the victim on the grounds of sentencing (recognating the grounds for reduction of the amount of punishment) of the suspended sentence is not easy.

However, considering the favorable circumstances, such as the fact that the defendant both recognizes and reflects the crime, the fact that the injured person was the prior wife of the defendant by mutual consent with the victim, and the fact that the defendant has no criminal record, etc.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the age of the defendant, shall be determined as per the disposition.

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