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(영문) 대구지방법원 2017.03.09 2016고단5218

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2016, the Defendant: (a) went through the Vice Director of the D Daegu Factory, Daegu-gu, Daegu-gu, Seoul-gu, Seoul-gu, the Defendant was dissatisfied with the victim E (62 years), leading the victim to the third Vice Director. (b) On April 30, 2016.

At this time, the Defendant: (a) committed a broom, which is a dangerous object from the victim’s broom while brooming with the victim; and (b) brooms, such as head, arms, and arms of the victim, and inflicted bodily injury on the victim, such as a shoulder and arms that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of injury diagnostic certificate (No. 3 lists of evidence);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of the suspended sentence under Article 62(1) 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, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant inflicted an injury on the victim with dangerous articles, and the liability for such crime is not against the minor.

The defendant was unable to receive a letter from the injured party.

A favorable circumstance: The degree of damage to the victim is not severe, and there are circumstances to be taken into account in the course of this case.

The defendant shows a attitude that reflects his mistake as an initial crime.