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(영문) 대구지방법원 2018.05.03 2018고단540
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 January 25, 2018, the Defendant: (a) 01:42 around 01:42, at a restaurant with the trade name “C” located in the Daegu Northern-gu B, Daegu Northern-gu, the Defendant brought the victim D (46:) who was in the same place of work to obtain repayment of his/her debts from the victim D (46:) who was fluencing the victim’s disease; and (b) broken the victim’s disease into a shoulderer’s disease, which is a dangerous object of the victim’s table, brued with the victim’s head; and (c) continued to put the victim’s head into a brush of plastic material (16cm in diameter); and (d) continued to put the victim into the victim’s hair with his/her hand, etc. and continued to put the victim into the victim’s brue sof that he/she may suffer from injury to the victim’s drinking, etc., when taking the victim’s bones into consideration the victim’s body.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Records of damage and on-site photographs;

1. A investigation report (Attachment toCCTV images) and a CCTV image photograph;

1. Report on investigation (for articles used for committing the crime, pictures of the tools of the crime);

1. Application of Acts and subordinate statutes to investigation reports (Submission of a written diagnosis of injury to a victim), and written diagnosis of injury;

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 to mitigate small amount;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- Having a history of punishment for a fine once due to the nature of the offence, poorness and injury, the agreement shall be reached with the victim.

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