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(영문) 대구지방법원 2019.11.28 2019고단2069

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2019. 3. 20. 21:20경 부산 중구 B에 있는 C노래방 5번 룸에서, 피해자 D(34세)과 술을 마시던 중 피해자가 말을 함부로 한다는 이유로 화가 나 그 곳 테이블 위에 있던 위험한 물건인 철제 냄비를 들고 피해자의 왼쪽 귀 부분을 1회 때리고, 발로 피해자의 입 부분을 2회 걷어 차 피해자에게 치료 일수 미상의 귓불과 입술 부분 열상을 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

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 for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act on October 24, 2017, the defendant, on the grounds that the Daegu District Court sentenced the two-year suspended sentence to imprisonment for a special assault, etc. on October 24, 2017, was committed with dangerous articles and the victim was bad, and the crime was committed in order to inflict bodily injury upon the victim.

However, the fact that the defendant recognizes the crime and reflects on the part of the defendant, the extent of damage to the victim is not much serious, the fact that the defendant agreed with the victim is the most important support for four children and wife, and the circumstances that are the conditions for sentencing specified in the records of this case, such as the defendant's age, character and behavior, family relationship, criminal record relationship, and circumstances before and after the crime, shall be determined as ordered by the sentence.