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(영문) 대구지방법원 2018.12.06 2018고단4057
특수상해등
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

1. On August 6, 2018, the Defendant, within the scope of “D” located on the second floor of the Daegu Suwon-gu Building C, Daegu Suwon-gu, the Defendant attempted to shoot the victim E (n, 38 years of age) on the second floor, but the victim refused to do so. However, the Defendant was using “LE cans” (elelightlightlights, etc., 200cm in length using wabs) which were dangerous objects on the table to the victim, and followed the victim’s right side, etc.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant, having heard that a disturbance, such as the description in paragraph 1, occurred at the same time, at the same place as the description in paragraph 1, was faced with the victim F (the remaining, 44 years old), who was a water, with a view to the victim F (the victim South, and the 44 years old), who was on the table of the table, had a glass flag, which is a dangerous object on the table, containing both a two-way and ice (the “nick flag”) and faced with the victim’s face.

As a result, the defendant carried dangerous things and carried them for about two weeks to give medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. On-site photographs;

1. Investigation report- In cases of data submitted by a victim, a diagnosis report on injury, a photograph of the victim taken by a hospital, and a statement of opinion;

1. Investigation report - Application of four photographs and photographs of damaged part of victim F; and

1. Relevant Article of the Criminal Act, Articles 261, 260 (1) (a) of the Criminal Act (a point of assault to carry dangerous articles or choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of attack to carry dangerous articles) of the same Act concerning criminal facts;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Standard for sentencing grounds under Article 62(1) of the Criminal Act for suspended sentence;

(a) Special assaulting field (Scope of recommended punishment) (referring to repeated assault and special assault) of six types;

(b) special injury (the scope of recommendations).

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