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(영문) 대구지방법원서부지원 2020.11.17 2020고단1307
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 a line of the victim B (n, 41 years of age) with the knowledge of peace.

On March 28, 2020, around 05:20 on March 28, 2020, the Defendant, at the “D store” located in Daegu Seo-gu C, and at the same drinking place with the victim including the victim, he was able to have his head, who was reported with the victim about her drinking with the victim, and got off two times with his head at the back.

As a result, the defendant put the victim into a medical room for treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report of the suspect interrogation protocol of the police as to B (related to the attachment of criminal implements and images on the upper part of the body), investigation report (related to failure to attach a medical certificate) and application of Acts and subordinate statutes related to the victim's photograph;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act is not good, and the defendant has a record of being punished twice a fine for the same kind of crime, etc. is disadvantageously unfavorable.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, including the fact that the defendant led to the crime of this case, and the mistake is divided, that the victim does not want punishment by agreement with the victim, and that the defendant's age, character and conduct, environment, family relationship, means and consequence of the crime, and circumstances after the crime.

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