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(영문) 대구지방법원 2017.08.11 2017고단3513

특수상해

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of four million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

On February 12, 2015, A was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Daegu District Court on February 12, 2015 and completed the execution of the sentence at the Daegu Prison on March 17, 2017.

1. On May 23, 2017, at around 03:10 on May 23, 2017, the Defendant, while drinking alcohol together with the victim B (VIP room, 37 years old), living together with the Defendant, brought a dispute over money, and brought the glass cup, which is a dangerous object on the table of the body of the victim, toward the part of the victim. The Defendant her head and the side flick of the victim’s head and the flicked the victim’s head flick and flicked the victim’s head flick, and flicked the victim’s head flick, and flicked the victim’s head 1.5cm.

In this respect, the defendant carried dangerous things with the victim, who suffered from an incurable injury to the victim during treatment days.

2. The Defendant committed the crime of Defendant B, at the time and place specified in paragraph (1) with the victim A (53) who was living together, had a conflict of interest with the money issue while drinking together with the victim A (53) who was living together, and had the victim expressed his desire to the victim, and had the victim expressed his desire to the victim, who was a dangerous object on the table.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police suspect interrogation protocol against the Defendants

1. Each description or image of a report on dispatch to the scene, a criminal investigation report (Attachment to a site photograph), a site photograph, and a copy of the log of emergency medical services activities;

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes in which inquiries, such as criminal history, text of judgment, and personal acceptance status are written;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Articles 258-2 (1) and 257 (1)-2 of the Criminal Act and Article 257 (1)-B: Articles 261 and 260 (1) of the Criminal Act (the choice of penalty)

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendant A to be mitigated: Articles 53 and 55(1)3 of the Criminal Act (the following).