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(영문) 대구지방법원 포항지원 2016.12.08 2016고단1262

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 7, 2016, around 23:45, the Defendant: (a) collected plastics (a) which is a dangerous object on the ground that the drinking price was changed from the point of week C located in Nam-gu, Nam-gu, Sinpo-si, and that D is flown, and (b) collected the head of the victim E (54 years of age) who was adjacent thereto, thereby causing damage to the victim’s character that requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement of E and F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to report on investigation (as to attaching photographs of the site);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The content and method of the crime, such as inflicting an injury on the victim by taking dangerous things, the risk of appearance, the circumstances favorable to the defendant that have been punished by the crime related to violence, such as punishment and suspended execution: The degree of injury is relatively minor, the victim has agreed to pay an agreed amount, the recognition of the crime, and the fact that the mistake is against the defendant's age, character and behavior, environment, and circumstances before and after the crime, etc., shall be considered.