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(영문) 대구지방법원 상주지원 2018.04.17 2017고단570

특수상해

Text

A defendant shall be punished by imprisonment for six 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 20, 2016, the Defendant, at around 08:20 on December 20, 2016, performed drinking together with Defendant E, Defendant E, and Victim F (60 years of age) at the main shop of “D,” the Defendant, while drinking alcohol, she gets off three times the head of the victim’s body, on the ground that the victim neglected his/her form and her motive with himself/herself.

As a result, the Defendant inflicted injury on the victim, such as double government species and 6 cm of 6cm of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (Nos. 1, 6, 11, 12, and 15) and each internal investigation report (No. 17, 18 in the evidence list);

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes governing medical records and emergency nursing records;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for reduction of amount) is not good.

Defendant has been punished by a fine several times for violent crimes.

The above is considered as an unfavorable circumstance.

However, when the defendant comes to this law, all of the crimes shall be recognized and reflected, and the fact that the defendant agreed smoothly with the victim shall be considered as favorable circumstances.

In addition, the sentencing conditions specified in the arguments and records of this case, such as the age, health status, family relationship, relationship with the victim, etc. of the defendant, shall be determined as ordered.