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(영문) 대구지방법원 포항지원 2017.10.25 2017고단625
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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 December 19, 2016, the Defendant: (a) around 00:28, at the instant “D” entertainment bar located in North Korea-gu C at the port of port; (b) the Victim E had a voice of the Defendant under the influence of alcohol.

By misunderstanding the above E on the floor of hand, the knives of the above E were blicked once, and the flives and hairs of E were collected or flicked, which is a dangerous object, and assaulted as they were flicked with E by hand at several times, and flicked with the head’s body by hand.

The defendant continued to stop the victim F, and caused the above F to have the left part of the F by earthquake, and the F to have the damaged part of the F by hand, which is a dangerous article in which the victim F was able to escape.

As a result, the Defendant carried dangerous objects and inflicted bodily injury on the victim E, such as double strings and side strings, which require approximately two weeks of medical treatment, and the victim F, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes to photographs of damaged parts of a photograph and caps;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered in full view of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

3. Unfavorable circumstances: The degree of injury is not significant; the degree of the injury is seems not to have been intended; there is no previous conviction exceeding the fine, and there is no previous conviction exceeding the fine.

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