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(영문) 대구지방법원 서부지원 2018.02.08 2017고단1899

특수상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 21, 2016, at a D restaurant located in Seo-gu, Daegu, Daegu, about 00:40, the Defendant listened to the Defendant’s words that female E, living together, was faced with the Victim F (41 g), and crops, which are dangerous articles in the table, made two times off the victim’s head, boomed into the victim’s head, boomed into the victim’s head, and bread into the victim’s broth by hand, and drop (weight: 9kg), which is a dangerous article in the next side, led the victim’s back to the victim’s left bridge.

Accordingly, the defendant carried dangerous articles with the victim about six weeks of treatment, resulting in the closure of knee bones, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against F and E;

1. Statement of the police statement related to G;

1. Medical certificates, investigation reports (Evidence List 2, 16), application of photographic legislation;

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

1. In full view of the fact that the method of committing the instant crime is dangerous and the consequences are very serious, and there are several criminal records such as violence, etc., the Defendant is highly likely to be subject to criticism on the instant crime.

The fact that there are some circumstances that can be considered in the process of crime as contingent crime, that there was an agreement with the victim, and that there was no record of punishment due to violence between about 10 years, etc. are favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.