beta
(영문) 대구지방법원 2017.12.07 2017고단5736

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 16, 2017, at the “C cafeteria” located in Namgu Daegu-gu, Daegu-gu, on September 21, 2017, the Defendant: (a) while drinking and drinking alcohol to the victim D ( South and 69 years old); (b) on the ground that the Defendant, who did not want to hear from the above cafeteria, she sawd the victim as his/her driver, who was a dangerous object on the table, and caused the victim’s bodily injury, such as two grams, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. A report on internal investigation (on-site conditions, etc.);

1. Application of Acts and subordinate statutes of a medical 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. Reasons for sentencing under Article 62(1) of the Suspension of Execution Act - Unfavorable circumstances: (a) the fact that there is significant character of the crime in light of the risk of causing injury to the victim due to beer disease, which is a dangerous thing of the defendant; (b) the fact that the defendant has not been punished for the same kind of crime or has not been sentenced to a fine exceeding the fine for the last ten years; (c) the defendant has committed a crime late late; (d) other reasons for sentencing specified in the arguments of this case, such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined by taking into account the various reasons for sentencing specified in the arguments of this case.