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(영문) 대구지방법원 서부지원 2018.08.08 2017고단2848
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2017, at around 20:35, the Defendant, at the residence of the victim D(48) located in the Daegu-gu apartment complex C, Daegu-gu, Daegu-gu, the Defendant: (a) threatened the victim as if the victim was a dangerous object (13 cm length, 24 cm in total length) that was prepared in advance for the Defendant’s continuous phone call to E, and (b) threatened the victim with the victim as if the victim was the victim, and (c) caused the victim’s face 4 times by the Defendant’s hand, and (d) caused the victim’s injury, such as the mouth fat at the left-hand part in need of approximately three weeks of medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

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. 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. The community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the fact that the victim was injured and the nature of the crime is poor by taking advantage of the excessive amount, which is the dangerous thing of the defendant; (b) the fact that the defendant has been punished for the same kind of crime; and (c) the fact that the defendant did not recover from damage

On the other hand, the fact that the defendant led to the confession of the crime of this case and is divided, and that there is no record of punishment exceeding the fine for the same crime, etc. are factors for sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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