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(영문) 대구지방법원 포항지원 2016.11.10 2016고단1116

특수상해

Text

A defendant shall be punished by imprisonment for six 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

At around 15:30 on August 27, 2016, the Defendant thought that the victim D (the 56-year-old age) expressed another person’s desire to do so for himself/herself. On the back, the Defendant saw that the victim D (the 56-year-old age) would have expressed his/her desire to do so to him/her. As a result, when the victim her chests several times due to drinking, the Defendant she gets off the victim’s back part of the back head of the victim’s body on the ground of an empty (the dangerous object in C), which is one of the dangerous objects in C, and she gets out of the part of the victim’s back head, which requires treatment for about 14 days.

Accordingly, the Defendant sustained an injury to the victim by carrying dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to an investigation report;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The method and contents of the crime, such as taking the head of the victim into custody with a dangerous element, the fact that there is a high risk of her appearance, and circumstances favorable to the defendant that have been punished several times due to a crime related to violence: The degree of injury is not relatively heavy; the victim has agreed to pay the amount agreed upon; there is no history of punishment exceeding the fine after receiving the suspended 17 years prior to the suspended execution; and there is no history of punishment exceeding the fine, other than each of the above circumstances, there are various factors of sentencing indicated in the records, such as the defendant's age, character and behavior, environment, and conditions before and after the crime;