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(영문) 대구지방법원 2019.10.16 2019고단921
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The defendant and the victim B(63 years of age) are the relationship between the defendant and the victim(63 years of age).

On December 25, 2018, at around 08:30 on December 25, 2018, the Defendant: (a) brought about a dispute with the victim, which is a dangerous thing in the middle-gu, Daegu-gu, as a matter of the Defendant’s gambling while drunk; (b) brought the victim’s left side, brought about an injury to the victim, such as the emerc in the number of days of treatment.

The defendant of "2019 Highest 1573" is a relationship between the defendant and the victim B (63 years of age).

On March 21, 2019, at around 19:55, the Defendant, under the influence of alcohol, threatened the victim with a kitchen knife (30cm in total length, 18cm in knife) which is a dangerous thing that has been displayed at the kitchen kitchen, while being drunk, in a manner of drinking, the Defendant threatened the victim in front of the chest of the victim.

Summary of Evidence

[2019 Highest921]

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (to attach a field photograph and a photo of the upper part of the body);

1. Reporting on investigation (attached to a written agreement);

1. Investigation report (attached to a written decision, etc. on non-prosecution of the same case);

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In light of the reasons for sentencing of Article 48(1)1 of the Criminal Act, considering the fact that the relevant crime is heavy in light of the content of the instant crime, and that there was several violences against the victim even before the instant case, the fact that all the defendants have led to confession of the crime, the fact that there is no record of the crime exceeding the fine, and the victim has no record of the crime.

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