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(영문) 대구지방법원 의성지원 2017.04.27 2016고단167

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2016, at around 22:10, the Defendant, while drunkly engaging in a dispute with the victim E (33 cm) in front of the “Del” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant inflicted an injury on the victim, such as mercury, etc. which requires approximately two weeks of treatment on the part of the Defendant at each item, when the victim took advantage of the victim’s hurbane and dangerous things (145cm in length, 3.7cm in diameter, 3.7cm in diameter).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (the submission of a report on injury to the E and a photograph of the upper part of the body);

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have inflicted bodily injury on the victim under each item, which is a dangerous article of the criminal defendant, and the quality of the crime is not weak in light of its risk, etc.;

However, according to the agreement with the victim, the defendant does not want the punishment of the defendant, the degree of injury suffered by the victim is not significant, the defendant's mistake is recognized and reflected, and other circumstances, such as the defendant's age, sex, occupation, home environment, circumstances after the crime, etc., shall be determined in accordance with the order.