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(영문) 대구지방법원 2020.04.02 2019노5006
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, prior to the determination of the grounds for appeal by authority, the prosecutor examined the name of the crime against the defendant from "special assault" to "special assault", and the applicable provisions of law to "Articles 258-2 (1) and 257 (1) of the Criminal Act" to "Articles 261 and 260 (1) of the Criminal Act" to "Article 261 and 260 (1) of the Criminal Act" to the end of the facts charged. The defendant committed an act of assaulting the victim by carrying dangerous articles, thereby causing the victim's head to be in need of treatment in the number of days." Accordingly, the defendant applied for a change in the contents of the amendment to the effect that the defendant committed the assault with dangerous articles and carried them, thereby making it impossible to maintain the judgment below.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Punishment of the crime

On July 17, 2019, around 15:35, the Defendant 15:35, and the Defendant her son D(56 years of age) and drinking in the Daegu Seo-gu Ccafeteria, Seogu, Daegu, called “I would not forward to the Defendant the Defendant that “I would not know if I are married because I have many children, I will not move to the Defendant. I will see it?” The Defendant her head was a beer disease, which is a dangerous object on the table.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. The trial of the defendant;

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