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(영문) 대구지방법원 포항지원 2019.01.24 2018고단1442
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 01:00 on September 30, 2018, the Defendant had a dispute between the Defendant’s daily behaviors and the Defendant’s D (23 years of age) while drinking alcohol in the “Cran tavern” located in Northern-gu B at an port. On September 30, 2018, the victim, who had a dispute over the Defendant’s daily behaviors outside the main shop, attempted to take the Defendant’s daily behaviors into the main shop and to take out the beer’s disease, the victim’s head was deducted from the beer’s disease, which is a dangerous object cited by the victim, and caused the victim’s damage to the two adjacent land requiring medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of each photograph and written diagnosis of injury;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. In light of the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, namely, the form and consequence of the crime committed by the victim's head by beer disease, and the risk thereof, the damage was not restored to the victim, and the victim had been punished three times due to the same crime, that is, in favor of the victim, the fact that the victim was first discharged from the beer disease in the course of a dispute between the two crimes, there is room for some consideration in the process of the crime, that there is no record of the crime exceeding the fine, that there is no record of the crime beyond the fine, that there is an attitude to recognize and reflect the mistake, and that other various sentencing factors such as motive, means, and result of the crime in this case, the circumstances after the crime, the defendant's age, character and behavior, environment, etc., shall be determined as the same as the order.

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