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(영문) 대구지방법원 2018.07.05 2018고단1619
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 23, 2018, the Defendant left a concrete brick (10cm in width, 9cm in length) which is a dangerous object in the vicinity of the victim after having taken two times the face of the victim by drinking in the case of a dispute with the victim C, around 01:42, around 01.2, the Defendant laid down the back part of the victim's head, which is a concrete brick (10cm in width, 9cm in length, 19cm in length, and caused two cases where the treatment period cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes to photographs of field damage;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing as follows)

1. The sentencing criteria are not set for the crimes of special injury;

2. Circumstances disadvantageous to the determination of sentence: The defendant inflicts bodily injury upon the victim by breaking his/her back head, which is highly dangerous in light of the method and tool of the crime, and circumstances in which the nature of the crime is favorable: The defendant recognizes and reflects the crime. The degree of injury is not a serious one, but a smooth agreement with the victim. Taking into account all other circumstances, such as the defendant's age and occupation, sex and environment, relationship with the victim, motive and background of the crime, means and consequence of the crime, and circumstances that are conditions for sentencing, such as punishment, such as the defendant's age, occupation, sex and environment, relationship with the victim, etc., without

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