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(영문) 대구지방법원 2017.10.27 2017고단2456

특수상해

Text

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

The defendant is between the victim C (ma, 54 years of age) and the husband and wife, and is the father and father of the victim D(32 years of age).

On May 8, 2017, the Defendant, at around 02:0, at around 02:0, at the dwelling space located in Daegu-gu E 102 Dong 1104, the Defendant shouldered the Defendant who was divingd by the Victim C, and was dissatisfied with the Victim D’s face while disputing the Defendant, she described the Victim D’s urine as a horse, and she took part of the Victim D’s face, and she took part of the Victim C’s face.

As a result, the defendant carried a fluor's disease, which is a dangerous thing, and carried the victim C with an unclaimed number of days of treatment, and the fluor's heat above the left side of the number of days of treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of the photographic Acts and subordinate statutes;

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. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant’s crime of this case is very dangerous by using the main illness, and the Defendant’s violence against his family is very unfavorable.

However, the fact that the victims do not want the punishment of the defendant as their wife and children, there is no criminal record of the same kind of violence against the defendant, and the fact that the defendant is against the defendant is favorable.

In addition, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the motive and details of the instant crime and the age and sexual conduct of the accused, shall be determined as per the disposition.