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(영문) 대구지방법원 김천지원 2017.06.20 2017고단524
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is a person who acts as an organization of violence organization as a member of the “efficacy.”

On August 13, 2016, the Defendant collected “D” restaurant in the Gumi-si, Gumi-si, on the ground that the victim E (31 Does) and F continue to dance with the Defendant’s friendship without paying the Defendant’s money. The Defendant collected the victim’s face twice in drinking, and collected the glass cup, which is a dangerous thing in the table.

As a result, the defendant carried dangerous glass cups with the victim, who is in need of approximately two weeks of medical treatment, led to the opening of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of photographs), investigation report (as to the security and circumstances of CCTV images taken with the scene of crime), investigation report ( as to attachment of a written diagnosis of injury), investigation report (as to attachment of a written diagnosis of injury), and favorable cups;

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Persons who are not subject to punishment in the mitigated area (one year and six months from June to two years), including the mitigated area (one year and six months from the date of special mitigation) of Class 1 (Habitual injury, repeated injury, special injury and special injury) of habitual injury, and repeated offense;

2. The offense of this case by which the sentence of sentence is to be pronounced is that the defendant, as drinking, takes the face of the victim and inflicts bodily injury upon the victim, and is not suitable in light of the method of the offense; and

The victim received a felling operation due to the crime of this case by suffering from the inside and outside of the union.

The accused has the past record of criminal punishment of five times, including imprisonment with prison labor, on two occasions for violent crimes.

The defendant was sentenced to imprisonment due to a violation of the Game Industry Promotion Act, etc., and committed the instant crime during the period of suspension of execution, and escaped for about eight months.

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