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(영문) 대구지방법원 서부지원 2017.04.14 2016고단2731

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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 November 26, 2016, the Defendant, in the vinyl-gun B, around 20:50, has reached the face of the victim due to excessive (10cm in length) of the Defendant, while making a political-related dispute with the victim C (45 years) and drinking.

As a result, the defendant carried excessive goods, which are dangerous goods, and brought a wound to the victim who is inside the days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs and criminal implements taken over the victim's upper part;

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act was agreed smoothly with the victim, and the victim does not want the defendant's punishment; the victim does not have any record of any other crime except once, and the type of dangerous articles used for the crime of this case and the degree of injury to the victim shall be taken into account.