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(영문) 대구지방법원 2017.04.14 2017고단192
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 17, 2016, at the C cafeteria located in Daegu-gu, Daegu-gu, Daegu-gu, about 02:30 on December 17, 2016, the Defendant saw the victim D (the victim D and 42 years old) and drinking as a wage problem, and saw the victim's head one time.

As a result, the defendant carried dangerous objects and carried them for 14 days to give treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that it is not good to commit a crime by causing injury to the victim due to dangerous things, and that it is not agreed with the victim, and that it seems that the damage was not recovered is disadvantageous.

On the other hand, it seems that the degree of injury of the defendant caused by the crime of this case is not severe, and it is more favorable that the defendant is sentenced to a fine of this case two times, except for the case where the same criminal records are sentenced to a fine of this case.

In addition, the circumstances prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the defendant, shall be determined as per the order.

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