beta
(영문) 대구지방법원 2017.08.11 2017고단3328

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 became final and conclusive.

Reasons

Punishment of the crime

On April 4, 2017, at around 09:40, the Defendant demanded the victim’s “D D D D D D”)’s “C” operated in Yongcheon-si B, Youngcheon-si, to stop one’s own debtor E, who frequently visits the above multiples of the victim, but refused to do so, the Defendant saw the victim’s head, who is a dangerous object on the table table ( approximately 40cm in length, about 30cm in width, about 30cm in width), and continued to cut the victim’s head, and caused the victim’s damage to the victim’s head, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. Application of respective Acts and subordinate statutes to internal investigation reports (on-site conditions, etc.), investigation reports (Attachment of a medical certificate), or video reports;

1. Articles 258-2 (1) and 157 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (recompensive of favorable sentencing conditions among the reasons for the following sentencing) is that the defendant used dangerous articles to inflict bodily injury on the victim, but the victim appears to be minor, and the victim expressed his/her intention not to impose the punishment against the defendant, and there is no penalty imposed by the defendant more severe than the fine, etc., the sentence shall be determined as ordered by taking into account the conditions for the sentencing favorable to the defendant, and all other conditions for the sentencing, including the defendant's age, sex, and circumstances after the crime, etc.