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(영문) 대구지방법원 의성지원 2018.07.19 2018고단74
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 25, 2018, the Defendant: (a) laid down in a company in the Dispute Resolution Co., Ltd., which is located in the Sung-gun, Sung-gun, Chungcheongnam-gun, in around 10:00, with the use of the victim E (54 cm) and working equipment, the Defendant laid the victim’s bath, and laid down pokes (104cm: 104cm in total, 31cm in length: 31cm in length) which are dangerous things that the Defendant followed the Defendant, and inflicted injury on the victim’s left part, such as the victim’s knife and the victim’s wife who needs treatment for a period of up to one month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Notice, Diagnosis, and Related Acts and subordinate statutes

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: This case is an act of inflicting bodily injury upon a dangerous article, resulting in an injury to a pluger, and the nature of the crime is not good in light of the criminal law.

The favorable circumstances: The defendant recognized his mistake and divided, and the defendant has no significant force exceeding the same kind or fine, and agreed with the victim.

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