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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1605

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 became final and conclusive.

Reasons

Punishment of the crime

On October 24, 2016, the Defendant received a demand from the victim F (57 years old) who was another customer by avoiding disturbance, such as drinking alcohol as in D'D main E, which had been in the process of drinking alcohol as in D', around 01:50 on October 24, 2016, and received a demand from the victim F. (57 years old), who was another customer, to boom the victim's head one time, and caused a beer disease, which is a dangerous object on the tables, to put the shoulderer's head head into the face, and put about approximately seven days, such as an abundropic sect, which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a copy of a photograph of the victim's injury or a diagnosis document;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: In addition to the above circumstances, various factors of sentencing indicated in the record, such as Defendant’s age, sexual conduct, environment, and conditions before and after the commission of the crime, such as the method and contents of the crime, by taking the head of the victim and placing the shoulder beer beer, and placing him/her in the face of the victim, and the risk of appearance: The degree of injury is insignificant; there is no same type of criminal record and no record of exceeding the fine; there is no record that the victim has committed the crime; and there is against the mistake by recognizing the crime;