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(영문) 대구지방법원 서부지원 2019.07.23 2018고단3292
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

On January 6, 2018, the Defendant: (a) around 22:20, on the ground that the Victim D (V) was introduced in the singing room in Daegu Seo-gu, Daegu-gu, and then the singing room was not in mind, and (b) caused the Defendant’s injury to the victim on about 20 knish, which is a dangerous object inside the water reservoir located in the said restaurant, on the part of the victim, on the ground that the Defendant’s knish was carried out in the singing room, and the Defendant’s knish was carried out with approximately 20 knife, which is the dangerous object inside the water reservoir located in the said restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the victim's photograph, salted sled photograph, victim, and water reservoir photograph;

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

1. Even though there are many criminal records related to violence, the Defendant of the reason for sentencing under Article 62(1) of the Criminal Act, even though there are many criminal records related to the suspended sentence, it is necessary to strictly punish the Defendant, taking into account the risk of the crime of this case and the victim’s situation.

Meanwhile, in full view of the fact that the defendant recognized his mistake and did not repeat the crime, the fact that the defendant agreed with the victim (the victim does not want punishment against the defendant) and other circumstances such as the degree of damage, circumstances, degree of crime, degree of crime, circumstances after the crime, criminal records, prosecutor's life penalty (one year of imprisonment) is determined as ordered.

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