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(영문) 대구지방법원 김천지원 2017.05.24 2017고단241

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2017, around 15:35, the defendant, who works for the defendant in the Gancheon-si Kimcheon-si B, explained about defective goods to the supplier, and the victim D (36 years old) who is a workplace partner, explained about defective goods to the supplier, the victim should explain the defective goods to the supplier, and the victim should explain it. However, the defendant collected the iron typhe (9cm in total length) which is a dangerous article in his place, and was suitable for the victim's face.

As a result, the defendant carried dangerous things with the victim and put up an open window around the snow pool and snow room that require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching photographs to the victim's body, attaching a written diagnosis of injury, and applying the same kind of siren used for committing the crime);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - Unfavorable circumstances: (a) the nature of the crime is heavy in light of the method of crime, etc.; (b) the victim has not been agreed with the victim; (c) the victim wishesed to punish the defendant; (d) the victim has a large amount of criminal records, including previous convictions of the same kind; (c) the victim has no large amount of contingent punishment; (d) the victim has no record of crime exceeding fines; and (e) the fact that there is no record of crime beyond fines - Other factors indicated in the records of this case and the theory of changes, such as the defendant's age, sex, character, intelligence and environment; and (e) the motive, means and consequence of the crime after the crime