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(영문) 대구지방법원 서부지원 2021.01.20 2020고단3696
특수상해
Text

A defendant shall be punished by imprisonment for two years.

A seizure shall be confiscated.

Reasons

Punishment of the crime

On October 31, 2020, the Defendant, at around 19:20 on October 31, 2020, performed drinking together with the Defendant D ( South, 57 years of age) at his own residence located in Daegu Seo-gu B, Daegu-gu, and C, and the Defendant, while drinking together with the Defendant D, did the Defendant’s act of not breathing the Defendant. B, the Defendant, which is a dangerous object in the West (35 cm in total length).

Accordingly, the victim made 4 times a part of the victim's objection.

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim, such as 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes regarding search and seizure of a medical certificate of injury;

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

1. The reasons for sentencing under Article 48 (1) 1 of the Criminal Code for forfeiture are that the accused is divided into his/her mistake.

It seems that the degree of damage of the victim is very serious.

However, as a dangerous object, it is not good that the victim's side of this part is able to take over the victim's side in several times and the crime is not good.

A person who was unable to receive an explanatory note from the injured party.

Reoffending during the suspension period of imprisonment with labor for the same crime.

In addition, the sentencing conditions in the records, such as the defendant's age, sexual conduct, motive or circumstance of the crime, means and method of the crime, contents and result of the crime, and the circumstances after the crime, shall be determined as per the order.

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