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(영문) 대구지방법원 안동지원 2018.11.30 2018고단560
특수상해
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2018, the Defendant: (a) around 02:20 on August 17, 2018, the victim E (the 33 years of age), who is an employee of the Defendant’s “D” in the Defendant’s operation of the Defendant located at Ansan-si (the 33 years of age), found the victim’s desire to view his/her speech, and walked the victim’s shoulder and body parts on several occasions due to the victim’s desire to walk the victim’s shoulder and body part on several occasions; and (b) calculated the victim’s hair, ear, and knife the face of the victim’s face using a dangerous glass package.

Accordingly, the defendant carried dangerous objects and carried them for approximately two weeks of treatment, both sides of which need to be treated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A medical certificate of injury, and photographs of damaged part of the victim;

1. Application of Acts and subordinate statutes to report internal investigation (not accompanied by a victim's statement and field photographs);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria [the range of recommended punishment] Special Injury, and the category of repeated crime (special injury) in the mitigated area (four months to one year) (the person subject to special mitigation) shall not be punished;

2. The nature of the crime of this case is not good in light of the content and risk of the crime of this case, etc.

It seems that the degree of injury of the victim is not somewhat weak.

However, the defendant recognizes his mistake and is against his will.

The defendant does not want the punishment of the defendant by mutual agreement with the victim.

The defendant has no criminal records of the same kind except for those who have been punished once by a fine for a crime of the same kind of violence in 196.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances revealed in the trial process shall be determined as ordered by taking into account the following circumstances.

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