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(영문) 대구지방법원 의성지원 2017.11.09 2017고단275

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 24, 2017, the Defendant: (a) around 20:00, around C Garan, and around 48 years old and drinking in B, suffered injury for which the number of days of treatment cannot be known to the victim, on the ground that the victim was aware that he/she had his/her own wall and her wall, and the victim was asked for the part of the wall, but the victim was not returned; (b) the beer disease, which is a dangerous object in the table, in which he/she had three times the parts of the head of the victim’s body, was teared to the length of about 40 meters, and the victim’s head was cut to the length of about 4.0 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each photograph attached to a report on internal investigation;

1. Application of the Acts and subordinate statutes governing the place of emergency medical services attached to investigation reports (the attachment to a place of emergency medical services for 119 emergency medical services of victims D);

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an unfavorable circumstance to the defendant, in light of the following: (a) the crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution was committed by the beer disease, which is a dangerous thing of the defendant, resulting in an injury upon the victim’s head by multiple times; and (b)

However, the fact that the defendant recognized his mistake and against himself, the fact that the injured person does not want the punishment of the defendant due to the smooth agreement with the injured person, and the records of this case, such as the defendant's age, sex, career, environment, circumstances and result of the crime, etc., and the remaining sentencing conditions specified in the theory after the crime, shall be determined as ordered by the sentence.