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(영문) 대구지방법원 2018.11.20 2018고단3792
특수상해
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 14, 2018, Defendant A, while drinking alcohol together with the victim B (38 years old) at “D main points” located in Daegu Dong-gu, Daegu-gu, Daegu-gu, about 08:00, Defendant A brought an injury to the victim, such as the victim’s flasing of the disease, which is a dangerous thing that the victim was under his/her care on the ground that he/she disregarded the Defendant, and then, the victim was fladd with the victim’s injury, such as the heat of a blasing tool that requires treatment for about three months.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B suffered assault from the victim A (30 years of age) at the date, time, and place specified in the above paragraph 1, as described in the above paragraph 1, and caused injury to the victim, such as a catus catus, which requires approximately five weeks of treatment to the victim, by drinking the victim's body and body.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of each medical certificate, each photographic statute;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Articles 258-2 (1) and 257 (1) of the Criminal Act; Defendant B of the option of imprisonment: Article 257 (1) of the Criminal Act; Articles 257 (1) of the Criminal Act; and the option of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 62-2 of the Social Service Order Act, in the case where Defendant A [the scope of the recommended punishment] [the person subject to special mitigation] [the person subject to special mitigation] in the mitigation area (including the person subject to serious efforts to recover damage], or considerable damage has been recovered from the mitigation area (the decision of sentence] in one year of imprisonment, and Defendant B of two years of suspended execution [the scope of the recommended punishment] in the mitigation area (including the person subject to special mitigation) [the person subject to special mitigation] in the mitigation area (including the person subject to serious efforts to recover damage), or in the case where damage was recovered from the mitigation area (including the person subject to suspended sentence] in the punishment non-members (including the person subject to serious efforts to recover damage), or considerable damage (the decision of sentence] (the decision of sentence was made] in the case where eight months of imprisonment, the defendant's age, occupation, sex, sex, environment, motive, means and result of the crime, various records and circumstances after the crime, etc.

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