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(영문) 대구지방법원 김천지원 2020.06.04 2020고단190
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2019, the Defendant: (a) around 16:10 on December 17, 2019, the victim C (here, 59 years of age) who is the legal spouse of the Defendant in Kimcheon-si B, is an employee, and (b) on the D restaurant, the Defendant: (c) placed the victim at the D restaurant, “whether or not 200 million won 200 million won has been posted once every 21 year at the restaurant; and (d) placed outside the restaurant, with shot (f6cm in length) such as dangerous objects in the bitle of the Defendant’s driver’s vehicle parked outside the restaurant, and caused damage to the victim’s face that requires treatment for about 2-3 occasions during the period of 14 days.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to 112 reported case handling lists, fluoric photographs, CCTV image data capture photographs, investigation reports (to be made by reference witness E to a DNA restaurant business operator), investigation reports (to hear statements made by victims of violence);

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;

1. The punishment of sentencing under Article 62-2 of the Probation Criminal Act is not well-grounded and is not prepared by the victim: Provided, That there is no record of punishment exceeding the same kind of punishment and fine, the victim's request for divorce, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all the conditions of punishment specified in the arguments of this case, including the circumstances after the crime, shall be determined by taking into account the following factors:

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