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(영문) 대구지방법원 2020.10.27 2020고단3270
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On April 15, 2020, the Defendant, at the “C” restaurant located in the Daegu Northern-gu B, Daegu Northern-gu on April 22 and 15, 2020, entered into a dispute with the victim D (manam, 42 years of age) and drinking, and took part in the victim’s head, etc. one time with the victim’s hand, and three small-scale disease, which is a dangerous object on the table, continued to collect three times the victim’s head, three times with the victim’s head, one time with the hand, and one time with glutinous disease, which is a dangerous object on the table, and one time with the victim’s face, one time with the victim’s body, and continuous glutinous disease going beyond the floor of the victim’s arms, and led the victim’s head, etc. as his/her hand.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as snow boom and open wound around snow that require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to on-site photographs, protocol of suspect examination of the police against D, medical certificate, investigation report (Attachment of stibbb violence mats, photo and image stigraphs) and to the stib photograph photographe photograph;

1. Articles 258-2 (1) and 257 (1) and Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The degree of assault and the victim's injury is not somewhat weak.

- time to commit the offence;

There shall be no electricity exceeding the same kind of electricity and fine.

Although the recovery of damage has not been completely restored, medical expenses are paid and efforts are made to recover damage in the future.

The victim has expressed his/her intention not to punish the defendant, and there is also a circumstance that the defendant has paid additional consolation benefits.

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