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(영문) 대구지방법원 포항지원 2016.06.15 2016고단214

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 31, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Military Service Act in the Daegu District Court’s Branch Branch Office, and the judgment became final and conclusive on October 15, 2015.

On July 27, 2014, at around 06:00, the Defendant: (a) misleads the victim E in front of the D restaurant located in South-gu at the port of North Korea, that the victim E took a bath to the Defendant; (b) misunderstandings the victim E’s head three times; (c) kids the victim’s head three times, and (d) kids the victim’s head one time from walking the victim’s ch, thereby causing injury to the victim, such as two open wifes, which require approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs and victim photographs;

1. A medical certificate;

1. Previous convictions: The results of inquiry and the application of Acts and subordinate statutes concerning investigation reports (Attachment to judgments violating the Military Service Act);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the following reasons for sentencing) of the mitigated amount

1. The first head of the judgment on whether to apply the sentencing criteria shall not apply to a crime of violating the Military Service Act and a single concurrent crime relationship after Article 37 of the Criminal Act;

2. The sentence shall be determined as ordered by taking into account the circumstances below the sentence and other various sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

A favorable circumstances: The principle of equity in the case of a violation of the first head Military Service Act at the same time as the judgment is rendered; the principle of equity in the case of a violation of the first head Military Service Act; the principle of good faith in the case of an empty small-scale disease that does not lead to a serious result; however, the method of the act is very dangerous; the victim himself/herself does not have to do so even though he/she did not have to do so.