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(영문) 대구지방법원 김천지원 2017.08.10 2016고단1922

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

피고인은 2016. 7. 23. 22:00 경 구미시 C에 있는 D 모텔 208호에서 피해자 E( 여, 42세) 과 함께 생활하다가 피해자가 나물 비빔밥을 먹지 않는다는 이유로 화가 나 위험한 물건인 소주병으로 피해자의 이마 부위를 1회 때리고, 손바닥으로 피해자의 얼굴 부위를 수회 때려 피해자에게 약 2 주간의 치료가 필요한 눈꺼풀 및 눈 주위의 타박상 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police in relation to E (the defendant recognizes the fact that the defendant has used violence such as drinking and drinking, tearing, etc. of the victim's clothes with the floor of drinking and hand, and considering the appearance of the scene of the incident taken by the police officer, the diagnosis of injury, etc., credibility of the statement in relation to E exists);

1. Application of Acts and subordinate statutes to report internal investigation (as to the circumstances of the instant case), report internal investigation (as to the victim's statement of friendship, Chapter 1 of the medical certificate of injury attached thereto);

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 to mitigate small amount;

1. There are extenuating circumstances, such as the fact that there is a number of criminal records of the same kind of crime on the grounds of sentencing under Article 62(1) of the Criminal Act, and the fact that the victim was sentenced to a suspended sentence of ten months on November 13, 2014 for fraud and re-offendered during the suspended sentence. However, the degree of injury to the victim is not so severe, favorable circumstances, such as the fact that the defendant's health conditions are not good due to liverization, complication of urology, etc., and other circumstances, such as character, conduct, environment, and circumstances leading to the crime, shall be determined as per the disposition.