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(영문) 대구지방법원 2018.06.14 2018고단1751
특수상해
Text

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

At around 05:30 on November 17, 2017, the Defendant, at around 05:30, performed alcohol with E and the victim F (29 years of age) in the 3 room of “D’s operation,” and solicited the Defendant and the victim to join “GP,” a regional violent organization to which the Defendant and E belong. However, the victim himself/herself refused it while he/she is called “HP,” which is a regional violent organization within the mountain region where the Defendant and the victim belong. As such, the Defendant rejected two beer diseases, which are dangerous objects on the table of the table, and collected two beer diseases from the victim, to the head of the victim, and the part and telegraph of the victim’s face were collected by drinking and drinking.

As a result, the defendant carried dangerous goods with the victim's treatment days, resulting in the victim's scambry.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer in relation to E and I;

1. Each police statement made to F, J, and K;

1. Application of Acts and subordinate statutes to report internal investigation (verification of medical records for victims, hospitals, and photographs of their superior bodies);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation: The crime of this case is deemed to have assessed the head part of the victim, who may suffer serious injury to be a beer disease, which is a dangerous object, and the nature of the crime is bad; circumstances favorable to the fact that there are several times of punishment for the same kind of crime: confession and reflect: the fact that the victim and the victim have already been smoothly agreed; the fact that there is no record of punishment exceeding the fine for the same kind of crime; and other circumstances shown in the arguments of this case, such as the defendant's age, sexual behavior, environment, family relationship, motive and consequence of the crime, etc., shall be determined as per the order.

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