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(영문) 대구지방법원 2016.05.13 2016고단998

특수상해

Text

A defendant shall be punished by imprisonment for six 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

On March 6, 2015, the Defendant, at the C cafeteria located in Daegu Jung-gu, Daegu-gu, about 22:00, followed the victim D (45 tax) and had a dispute with the victim, and caused the dispute, the Defendant, by hand, laid the beer’s disease, which is a dangerous object, to the victim, and led the victim to approximately one week of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police protocol concerning the suspect interrogation of the accused (in the case of the first-time suspect interrogation protocol, part concerning D's statement and in the case of the second-time suspect interrogation protocol, each part concerning E's statement shall be included);

1. Statement made in the police statement protocol with D;

1. Application of the respective Acts and subordinate statutes to the reports on occurrence of copies of medical records, medical certificates, confirmation of facts, investigation reports, and investigation reports (to telephone conversations by a witness E) and investigation reports;

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 (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (recompensive of favorable sentencing conditions among the reasons for sentencing as follows) was that the defendant was faced with a beer disease to the victim, and did not reach an agreement with the victim, but the degree of injury suffered by the victim appears not to have been serious, and the victim had filed a complaint with the defendant in this case after seven months from the date of the occurrence of this case in the course of dispute over the relationship between the defendant and the relationship between the defendant and the defendant and the relationship between the defendant and the defendant, and it seems that the victim did not have any substantial damage inflicted by the victim in this case, the defendant could have been treated with the victim in an emergency room, and there are other conditions of sentencing, such as the sentencing conditions favorable to the defendant, the defendant's age, sexual behavior, and the circumstances after the crime.