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(영문) 대구지방법원 경주지원 2018.09.12 2018고단504
특수상해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 29, 2018, at around 23:50 on April 29, 2018, the victim G (26 years old) who observed and interested the Defendant’s hair and face fating, the Defendant fatd the Victim’s head and face fating against the Defendant, and fatd the Victim’s head and face, and fatd the Victim’s face, and fatd the Victim’s face, and fatd the Victim’s face with approximately three weeks of treatment.

Accordingly, the defendant injured the victim.

2. In the above date, at the above time, at the above place, the Defendant: (a) carried out a door door of the left part of the Victim H(42 older) where the Defendant was snicking with a shouldered snife, which is a dangerous object that was closely sealed, per se and disputed with G for the foregoing reasons; and (b) caused the Defendant to put the left part of the chest to the left part of the Victim H(42 older) where the Defendant was snife at the right end of the knife and the victim needs to receive treatment for about 14 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to G, I and F;

1. Statement made by the police with H;

1. Domestic investigation reports (attached to ct v data installed in the E), caps photographs, CCTV images;

1. A photo of the victim's body part of G himself/herself, and a photo of the victim's body part of H;

1. Application of Acts and subordinate statutes of each injury diagnosis certificate (G, H);

1. Relevant Article 258-2 of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (a point of special injury), Article 257 (1) of the Criminal Act (a point of injury) and the choice of imprisonment with labor for the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, while under the influence of alcohol, takes fighting with other persons and inflicts an injury on the victim by displaying dangerous objects in the process. The nature of the crime is not good.

(b).

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