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(영문) 대구지방법원 2018.11.22 2018고단3769
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 23, 2018, at around 00:30, Defendant A, in the Daegu-gu Dong-gu, Daegu-gu, and the second floor, Do-gu, and Da-dong-gu, 2018, followed the victim’s desire from the victim who was in drinking alcohol with the victim’s B (51 years of age) who was in drinking alcohol, he saw the victim’s buck at one time, and sustained the victim’s head on one occasion with beer disease, which is a dangerous object on the table, and sustained the victim’s head on one occasion and sustained the victim’s head on one occasion.

2. Defendant B, at the time, at the time, and at the place described in paragraph (1), the head was calculated by beer disease as described in paragraph (1) from the victim A (52) and at the same time and place, and assaulted the victim’s head one time with beer disease, which is a dangerous object on the table.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Articles 258-2 (1) and 257 (1)-2 of the Criminal Act and Article 257 (1)-B: Articles 261 and 260 (1) of the Criminal Act (the choice of imprisonment);

1. The defendants of suspended sentence: The standard for sentencing reasons under Article 62(1) of the Criminal Act

(a) Defendant A - Special Bodis (the scope of recommendations), Special Bodis (the scope of punishment for special injuries and repeated crimes) in the mitigated area (four months to one year), [the person who has been specially mitigated] in the mitigated area (including serious efforts to recover damage), or where considerable damage has been restored to the damaged area;

B. Defendant B- Special Violence [Scope of Recommendation] The sentence of the sentence shall be determined in full view of the conditions of the sentencing indicated in the records, such as the circumstances before and after the commission of the crime, when the mitigation area (two months to one year), the punishment of the mitigated person (including a special mitigated person), the non-won (including a serious effort to recover damage), or considerable partial recovery from damage, following the decision of the sentence, and the sentence under the sentence, and other conditions of the sentence, such as the age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- The Defendants, even though they were able to have been punished for violent crimes, are each of the instant cases.

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