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(영문) 대구지방법원 서부지원 2019.10.29 2019고단789
특수상해
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 20:15 on February 27, 2019, Defendant A her drinking alcohol at the Daegu-gu D restaurant located in C, Seogu, Daegu-gu, for reasons of B and fire that performed drinking on the side, and C, the Defendant her flusium 1 disease, which was a dangerous object on the table B. However, Defendant B did not comply with B, and Defendant her flusium on the left left chest of the victim E, who was seated on the top of B, was in need of approximately two weeks medical treatment.

2. At around 20:50 on February 27, 2019, Defendant B, at the above D restaurant, the victim A was the victim who was suffering from an illness to the above E, and the victim, on the ground that the victim tolds that he “the victim is a mentally ill patient”, the Defendant b), by hand, assaulted the victim, who was a dangerous object, and assaulted the victim’s chest at one time.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. On-site photographs, etc., damaged photographs, and on-site photographs;

1. Application of Acts and subordinate statutes, written diagnosis of injury, and written opinion (Defendant A);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act / [Defendant B]

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendants were aware of their mistakes and did not repeat the crime in response to their reflection; (b) the Defendants agreed without wanting to punish them; (c) the Defendants appears to be contingent crimes; and (d) the degree of each damage, circumstances, degree and degree of the crime; (b) the circumstances after the crime; (c) the criminal records; and (d) the prosecutor’s life penalty against Defendant A (a year of imprisonment and a fine of two million won is imposed).

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