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(영문) 대구지방법원 서부지원 2017.10.19 2017고단597

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 2, 2017, the Defendant alone drinks alcohol at the “D” restaurant located in Seogu Daegu-gu, Daegu-gu, Daegu-gu, on March 2, 2017, and without any reason, to the victim E (57 years of age) who had drinking alcohol on other tables.

While taking the bath, one disease, which is a dangerous object, was faced with the head of the victimized person.

As a result, the defendant carried dangerous things with the victim and inflicted an injury, such as an open wound, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes concerning photographs and caps;

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. The fact that the method of committing a crime with reason for sentencing under Article 62(1) of the Criminal Act is dangerous, and that the victim’s standing is not weak is disadvantageous to the defendant.

However, the fact that it appears to be a contingent crime and agreed with the victim, it is against the depth, and there is no record of criminal punishment exceeding the fine, etc. are favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.