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(영문) 대구지방법원 의성지원 2021.01.14 2020고단387
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 16, 2020, at around 01:29, the Defendant had a dispute with the victim D ( South Korea, 44 years of age) who was a son at the main parking lot located in the Gyeongbuk-gun B of the Gyeongbuk-gun of the Gyeongbuk-gun on December 16, 2020, the Defendant saw the victim's face one time by drinking, and caused the victim to walk once the Defendant's boat, which was dangerous at the entrance of the main store corresponding to this, and caused the victim's head to gather her head, thereby making it impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. A protocol concerning suspect examination of the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes on the report of each police statement with respect to E and D, report of internal investigation (at the time of dispatch to the scene, photograph of injured party, etc.) and 112 report of each police statement;

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. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentencing factors indicated in the arguments of the instant case, including the Defendant’s age, environment, sex, motive for committing a crime, means and consequence of a crime, etc., shall be determined by comprehensively taking account of the following circumstances, and the sentencing factors indicated in the arguments of the instant case.

D. Unfavorable circumstances: The nature of the crime is not good in light of the method and the part of the instant case, and the defendant has the record of being sentenced to a fine of violence once around 2006.

The favorable circumstances: The defendant recognized his mistake and divided, and the degree of damage is relatively minor, and the defendant agreed with the victim.

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