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(영문) 대구지방법원 영덕지원 2017.11.15 2017고단250

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 August 26, 2017, at around 14:00, the Defendant: (a) while drinking the victim E (56 taxes) and alcohol at around 14:0, the Defendant: (b) caused the victim’s breast part of the victim’s chest by gathering a small-scale disease, which is an object dangerous to his left hand, by disregarding the Defendant; and (c) broken down the victim’s chest part of the victim’s breast part on one occasion due to a knife and broken down, and caused the victim’s injury, such as the fat of a single fatch, other than the fatch fat, which requires approximately three weeks of medical treatment.

Summary of Evidence

The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act of Article 62-2 of the Criminal Act of Article 257(1) of the same Act regarding the criminal facts subject to the applicable provisions of the pertinent Act as to the Defendant’s legal statement F and police statement protocol on E, each report on the results of identification at the scene of each police statement protocol of the Defendant F and E, each internal investigation report (related to attachment of a medical certificate), investigation report (related to attachment of a medical certificate) and each attached document, as to the criminal facts subject to the applicable provisions of the statutes, is the crime of this case on the grounds of sentencing under Article 258-2 of the same Act of the same Act. The crime of this case was committed by the Defendant with the victim’s chest due to a sniff’s debris

It is also disadvantageous to the defendant, who has been sentenced to one-time suspension of execution and one-time fine due to violent crimes.

However, it shall be considered in favor of the fact that the defendant has recognized and reflected his mistake, and that the injured person wants the defendant's preference by agreement with the victim.

In addition, the punishment as ordered shall be determined in consideration of all the conditions of sentencing, such as the defendant's age, sex, environment, motive, background, means and consequence of the crime, and circumstances after the crime.