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(영문) 대구지방법원 2017.04.13 2016고단6039

특수상해등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2016, around 00:30, at the front entrance of the Si-Yancheon-si building C on April 26, 2016, the Defendant collected bicycles from the Defendant’s disturbance on the grounds that the damage, who is the ordinary neighbor, was obstructed by putting bicycles, etc. on the corridor.

In the past, 1103, which is the house of the victim D(41).

At this time, the victim D, who was suffering from a disturbing sound, read “spawn d',” was the victim D’s spawning “spawn,” and the victim D and the victim E (Se 41) laid 5 beer bottles, which are dangerous objects on the wall surface of the corridor located in D and the victim E (Se 41). In other words, the victim D had one beer spawnick.

As a result, the Defendant suffered injury to the victim E in other headal parts requiring approximately two weeks of medical treatment, and injury to the victim D in the part of the detailed neck that requires approximately two weeks of medical treatment.

2. Under the influence of alcohol at the same time and place as in the preceding paragraph, the Defendant damaged the victim F’s knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the prosecution against E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to internal investigation reports (including photographs attached thereto), investigation reports (Attachment to D, E’s injury diagnosis reports), investigation reports (Attachment to D’s on-site photographs and damaged parts of the instant case);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):