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(영문) 대구지방법원 2018.09.06 2018고단3225
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

On May 30, 2018, the Defendant: (a) around 06:50, at the 4th floor corridor at the construction site of the C-G-gu Daegu Dong-gu, Daegu-gu, Daegu-gu, the Defendant: (b) brought the victim D (63 tax) and the construction machinery, and (c) brought the victim’s face two times in drinking with a brick, which is a dangerous and dangerous article, and (d) brought the victim’s head three times in a water-resistant part, the number of days of treatment of which is not known to the victim, and caused the bodily injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of the Acts and subordinate statutes to photographs, field photographs, and brick photographs of the person under consideration;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Suspension of Execution of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing): The defendant has inflicted bodily injury upon him/her at the end of his/her minor time: In light of the implements of the crime and the part of the injury, etc., which is highly dangerous in light of the criminal intent and the part of the injury, etc., the defendant recognizes and reflects the crime of the same kind of criminal offense. The extent of injury is not significant. The victim and the defendant are not sufficiently agreed. The victim and the defendant have no record of punishment exceeding the fine. All other circumstances, including the defendant’s age, occupation, sex and environment, family relationship, relationship with the victim, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., are considered.

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