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(영문) 대구지방법원 2018.01.11 2017고단5942

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 13:00 on August 26, 2017, the Defendant: (a) while drinking alcohol with members of the Kiceice D D’s teahouse located in Daegu-gu, Daegu-gu; (b) the victim E, a member of the said club ( South, the age of 62), was under the influence of alcohol; (c) was under the influence of alcohol to the victim’s face; and (d) caused the victim’s injury at an open level where approximately two weeks of treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to a medical certificate of injury, bodily injury photograph, or a letter message capture photograph sent by the victim, and to a photograph of criminal tools;

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction and Exemption of Small Amount of Damage is the case where a victim was killed and injured, which is a dangerous thing, and the shock seems to have been reasonable in light of the form of the crime or the thickness. In fact, the injured person complained of the symptoms after the injury, such as the passage through the back of the back of the injury, and the passage through the drilling, and the injury has not been compensated at all until now.

However, in full view of the favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects the fact that it is an contingent crime in the process of mutual vision, the fact that there is no record of being punished or a fine or heavier punishment for violent crimes, and all of the sentencing conditions, including the defendant's age, sexual conduct, environment, motive or circumstance of the crime, and circumstances after the crime, etc., the sentence of imprisonment as stated in the disposition shall be imposed, but the court shall not be subject to further restraint,