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(영문) 대구지방법원 의성지원 2018.05.17 2018고단37
특수상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 31, 2018, around 21:00, at the “C” convenience store located in Seongbuk-gun B, around 21:00, the Defendant: (a) took part in the victim D(38 tax) and trial expenses; (b) took part in the part of the victim’s hump “one from the victim to the hump;” and (c) took part in the victim’s hump to the victim’s hump with his left hand; and (d) threatened the victim with the victim’s hump by taking advantage of the victim’s hump; and (e) threatened the victim with the victim’s humble.

After the Defendant putting the victim out of the convenience store, the Defendant collected the brick (19cm x 9cm) that is a dangerous object under the margin to the right side of the entrance of the bomer convenience store by the victim, and putting the victim head at two times.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open wound, which requires two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to reports on internal accidents (on-site photographs, etc.) and medical certificates of injury;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that in the case of this case, when the head was faced with a brick and the risk of the danger is significantly disadvantageous, the damage resulting therefrom was insignificant and agreed with the victim, and the defendant has no serious criminal record exceeding the same kind or fine, special consideration should be given in favor of the defendant.

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