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(영문) 대구지방법원 상주지원 2016.04.19 2016고단37

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On December 24, 2015, the Defendant 21:00, while drinking alcohol together with the victim D (52 tax) at the “C Singing practice hall” site located in B at around the 21:0 on December 24, 2015, the Defendant her only her only her while drinking alcohol with the victim D (52 tax).

In other words, the victim “this Chewing feas, and the victim returned to the victim.”

“Absinging the bath,” and booming the main part of the victim’s head, which is a dangerous object on the tables, and causing injury to the victim, such as cerebral celebs, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 to mitigate small amount;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant recognizes and reflects all the crimes, and that the injured person does not want the punishment of the defendant by agreement with the injured person);

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;