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(영문) 대구지방법원 경주지원 2019.03.07 2018고단828
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is legally married with B (n, 45 years of age), and the victim C (21 years of age) is a child born between B and B.

around 18:00 on November 7, 2018, the Defendant: (a) 18:00 on the part of B, who was boarding a car, but only passed without personnel personnel; (b) Ga, who was boarding and driving a car following the Defendant, was the victim “humma and durine,” and (c) Had the victim’s answer that “I am the first day of drinking, so I am the victim am the driver at the driver’s seat, so I am the victim am the driver’s face, and then I am the victim am the driver’s body, and am the victim’s body, which is a dangerous thing at the driver’s seat, (a) am the victim’s head, about about 20 cm, about 8 cm, about 6 cm, and about 6 cm in thickness, and am the back part of the victim’s head, thereby dancing the victim’s back.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of each police statement concerning C and B;

1. Report on internal investigation (field conditions, etc.) - Application of Acts and subordinate statutes to photographs of the upper part of the victim's head;

1. Article 258-2 (1) or 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is that the defendant was killed and injured by the victim on the ground of the bricks, and the crime is not good

However, it recognizes errors and reflects their depth.

The victim shall not be punished for the defendant by mutual consent with the victim.

It seems that the degree of damage is not significant.

In the future, it is expected that such a mistake will not be avoided.

It seems that there are circumstances to consider the background of the instant crime.

The age, character and conduct of the accused, and others.

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