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(영문) 대구지방법원 포항지원 2019.08.21 2019고단781
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 27, 2019, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment for fraud, etc. at the Busan District Court, which became final and conclusive on June 4, 2019.

【Criminal Facts】

At around 03:50 on December 21, 2018, the Defendant: (a) expressed that “A” business place located in Daejeon Pungsung B is “C; and (b) expressed the victim’s desire to “a bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. A CCTV CD, a caps photograph, and an investigation report (dynamic image verification);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the fact that a judgment of a suspect has become final and conclusive), previous records of disposition and results of confirmation, applying Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that there was a record of punishment for committing violence, the nature of the crime is inferior, but the victim agreed to do so, and

1. Social service order under Article 62-2 of the Criminal Act;

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