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(영문) 대구지방법원 2020.02.13 2019고단5495
특수상해등
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a subordinate force of “B organization”, which is a violence organization.

1. On April 12, 2019, the Defendant suffered special injury: (a) around 06:32, 106, the victim F (36 years old) who was a subordinate force of “E organization”, which is a violent organization, in the fourth floor of the Daegu C Building 1004 room, feel the Defendant’s disregarding the Defendant; (b) the victim’s face by using plastic ice, which is a dangerous object on the table table, at one time, having the victim’s face shocked, and having the victim’s cocons, cut down and verted.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim during treatment days.

2. The Defendant: (a) reported that the victim G(36 years of age) who is the organization of the “E organization,” which is a violence organization at the time, time, and place under paragraph (1), went up to H, the Defendant’s daily behaviors; and (b) as well as the two-way disease, which is a dangerous object on the table, the Defendant took the victim into his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused and H by the prosecution;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. Other closure photographs;

1. Application of Acts and subordinate statutes to report internal accidents (verification of CCTVs), (Attachment to the specifications of processing the 112 Report Case, etc.) and (D) the restoration and analysis of CCTV images on the D main points;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violence crime [Type 6], repeated crime, special assault (Special Aggravationd Person] mitigated element: In cases where the degree of assault is minor (Article 1, 6, and 7), it is not punishable.

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