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Reasons
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(영문) 대구지방법원 2016.11.09 2016고단4505
특수상해
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant suffered injuries with the victim B (ma, 63 years old) who had taken over Lestop operated by the defendant's living together for a year, but had an appraisal that the victim did not go against the medical expenses.

At around 22:50 on August 26, 2016, the Defendant: (a) performed drinking in front of the “Dcafeteria” in the operation of the victim of Daegu-gu C, Daegu-gu, and found the victim; (b) performed drinking once the victim’s face by drinking alcohol; (c) flap the victim’s flap with hand; (d) flaping the victim’s flap with a tree flap, which was in his hand, flap; and (c) continuously flap the victim’s blap with the victim’s 2nd floor of the said restaurant; and (d) flap the victim’s flap, which is an object dangerous at the said restaurant, 13 cm in total length, and flap with the victim’s left-hand flap; (d) flap with the victim’s flap, and (e) flap treatment of the victim’s flap and fel, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. E statements;

1. The application of Acts and subordinate statutes to the report on seizure, the list of seizure, the investigation report (on-site photographs and photographs, etc. of damaged victims), and the submission of investigative reports (the submission of an injury diagnosis report);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act committed the instant crime even though the Defendant had a lot of records of punishment for the same kind of crime.

In light of the method of crime or the degree of injury, etc., there is no good quality of crime.

However, it is favorable for the defendant to pay 5 million won to the victim and to agree that the victim's wife was the first place of the defendant.

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