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(영문) 대구지방법원 2016.07.07 2016고단1985
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On April 30, 2016, the injured Defendant 22:20 around 22:20, and around 22:20, on the back of the apartment house B, and on the ground that the injured Party C (33 years of age) told his wife of the her wife without any brucation, he saw the victim’s face one time by drinking fat, making the victim’s face one time by drinking fat, and continued to get the victim’s face one time with plastics, and put the victim into throdic 14 days for treatment.

2. The Defendant, while assaulting C at the above date and at the above time and place, was fluoring the victim’s head on one time due to an empty beer who is a dangerous object on the ground that the victim D (48 years old) was prevented, and the Defendant inflicted bodily injury on the victim for treatment for about 22 days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Each internal investigation report (as to the site photographs of the case and the damaged photographs of the suspected victim, attaching a written diagnosis of injury) / (as to the victim C’s title, the defendant merely divided the victim C into his/her hand and her flaps, and the face is not written.

However, the victim C and the situation at the time were observed by the victim C

D According to the statement by the unanimous opinion of D, the defendant's face is recognized.

Application of Statutes

1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (a point of special injury), and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor) concerning facts constituting an offense;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds): The defendant committed two or more crimes of injury or special injury against the victim.

The defendant has been sentenced to a fine for the same crime.

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