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(영문) 대구지방법원 영덕지원 2016.05.11 2016고단37

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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 January 9, 2016, at around 02:52, the Defendant continued to take off the victim’s face face 4 times in drinking, and continued to take off the victim’s head head head head head head head head head head, and then moved back the victim’s head to the front of the said restaurant, and then cut back one time after the victim’s head head, which is a dangerous object in front of the said restaurant.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim in the open body of the two feet and the frameworks of the pelpel that require approximately three weeks of medical treatment.

Summary of Evidence

The Defendant’s legal statement E, a police statement report on F on internal investigation (related to attachment of the victim’s statement report, etc.), investigation report (related to attachment of the diagnosis report), investigation report (related to attachment of the report of diagnosis report), and criminal facts subject to statutes applicable to the application of the relevant statutes, for sentencing under Article 258-2(1) and Article 257(1) of the Criminal Act, Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Article 62(1)3 of the Criminal Act of the Social Service Order Act under Article 62-2 of the same Act, Article 62-2 of the Social Service Order Criminal Act, Article 55(1) of the same Act, on the grounds of sentencing under Article 62-2 of the same Act, as the Defendant’s head was a drinking bottle, which is a dangerous article, is likely to inflict injury on the victim, and the means and results of the crime, etc.

However, in light of the fact that the defendant is recognized as committing the crime of this case, the fact that the injured party does not want the punishment of the defendant as agreed with the injured party, the punishment as ordered shall be determined by considering the favorable circumstances in consideration of the defendant's age, sexual conduct, motive, background, means and consequence of the crime, and circumstances after the crime.