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(영문) 대구지방법원 경주지원 2018.11.29 2018고단635
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 23, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. and three million won of fine in the Daegu District Court racing support, and completed the execution of the sentence on October 26, 2017 by Daegu Prison.

[Criminal facts] The Defendant and the victim C (V, 38 years old) are married between the married couple on February 2016.

On August 4, 2018, the Defendant, at around 22:40 on August 4, 2018, was unable to be employed due to the relationship with the victim attached with the electronic brut in the process of drinking alcohol with the victim, and the situation of criticism from surrounding neighbors was repeated, and the Defendant, while making a dispute with the victim, went through a dispute with the victim, was placed toward the head of the victimized person, and the Defendant was faced with an open head for the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Special injury internal report (Attachment of on-site photographs) - Three copies of the scene photographs of the incident site and of the body of the victim;

1. A report on internal investigation (related to photographing the upper part of the body of the victim); one photograph of the upper part of the victim;

1. Report of investigation (Confirmation of the period of repeated crime);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the mitigated Criminal Act is that the Defendant, while drunk, committed a dispute with the wife of the victimized person while drunk, and caused an injury to the injured person as a small-scale disease, which is a dangerous object.

In addition, the crime of this case was committed without being aware of even though it was committed for a repeated crime due to a special larceny.

Provided, That confession and reflect shall be made.

The wife of the damaged person does not want to punish the defendant.

The degree of injury suffered by the victim does not seem to be serious.

(b) alcoholic beverages;

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