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(영문) 대구지방법원 포항지원 2018.05.03 2018고단269
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on February 27, 2018, at “C” located in Suwon-gu, Busan, on February 27, 2018, and at “C” located in Suwon-gu, Busan, and the Victim D (M, 37 years of age) was able to talk.

“Along with the studio,” the victim said that “heat D................” and the victim was at the top of the victim’s end with the beer 14 days of treatment, which is a dangerous thing on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. According to the reasoning for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, in other words, in light of the content of the instant crime, where a female victim injured a female victim by being in peril, the punishment as ordered shall be determined by taking into consideration the following factors: (a) in favor of the fact that the nature of the instant crime, which is a dangerous object, was not somewhat weak in terms of the content of the instant crime; (b) the victim’s wife wanted by an agreement by paying an amount corresponding to the victim; (c) the victim’s injury was not severe; (d) the victim did not have any record of criminal punishment; (e) the primary offender who did not have any record of criminal punishment; (e) the recognition and reflect of the mistake; and (e) other factors of sentencing, such as motive, means and consequence that led to

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