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(영문) 대구지방법원 2017.02.02 2016고단6117

특수상해

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 50,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On August 25, 2016, Defendant A, around 17:40 on the part of the victim B (34 years old) around the Eelher in Daegu Northern-gu, Daegu-gu, caused injury to the victim, such as the victim’s taking the victim’s clothes on the part of his/her hand, with the victim’s scam scambling, and scam (110cm in length) using protypes, such as dangerous things, etc., which require approximately two weeks of treatment.

2. The Defendant, at the same time and place, inflicted injury on the victim A (the age of 58) such as flating flat, flatal flat, etc. of the victim A, and intending to flat flat the victim’s eye by hand, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Each written diagnosis;

1. Plastic photographs for mountain use;

1. Application of the Acts and subordinate statutes on the cutting of a black boom;

1. Article 258-2(1) and Article 257(1)2 of the Criminal Act: Defendant B: Article 257(1) of the Criminal Act; Selection of a fine, Article 257(1) of the Criminal Act;

1. Defendant A to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing specified below);

1. The defendant A had several criminal records for the same kind of criminal records on several occasions is disadvantageous.

On the other hand, there are favorable circumstances such as the fact that the defendant is against the victim, the agreement with the victim, and the injury of the victim is not severe.

In addition, the sentencing conditions shown in the trial process of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and result of the crime, etc., shall be determined as ordered by comprehensively considering the sentencing conditions shown in the trial process of this case.

2. Defendant B committed the instant crime in the course of setting up against A’s violence, and is against the victim.