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(영문) 대구지방법원 2017.03.09 2016고단4485

특수상해

Text

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

Reasons

Punishment of the crime

On August 24, 2016, around 09:25, the Defendant: D, “A” in Daegu Dong-gu, Daegu, about 09:25, the Defendant: (a) purchased 1 bottle, and attempted to drink in the store, would not drink in this burial; (b) the victim E (n.e., the owner of the above convenience store; (c) was the victim’s head. (d) who deducted him/her of the beer’s disease “as he/she drinks inside the house, v. C., and C.; and (c) was discharged from the beer’s head with a beer disease, which is a dangerous object by again cutting the beer’s disease into his/her left hand.

As a result, the Defendant inflicted a bodily injury upon the victim about about 20 meters of the irrecule in treatment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of investigation reports (Attachment to the victim's body photographs, etc.), CD 1-related Acts and subordinate statutes;

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

1. On the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

D. Unfavorable circumstances: The Defendant, who gets off the victim’s head due to beer and beer who is a dangerous thing, was in danger of such an act. The above act by the Defendant is highly dangerous and may lead to an unfrush consequence.

The defendant committed the crime of this case during the suspension period of execution due to the same crime, and was not punished by the victim.

The favorable circumstances: The defendant is not sentenced to punishment for a crime related to violence.