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(영문) 대구지방법원 의성지원 2017.09.21 2017고단178
특수상해
Text

A defendant shall be punished by imprisonment for six 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

On September 30, 2016, the Defendant, at around 21:10, carried out physical fightings with the victim as a matter of the right to collect back, before the victim D (5 years of age) located in the Cheongbuk-gun, around 21:10, around 2016, the Defendant: (a) placed the victim’s face at drinking, with a hack pipe (135cm in length, about 2.5cm in diameter, about 2.5cm in diameter, about 3cm in length) which is a dangerous object in the victim’s face; and (b) placed the victim’s hacks on two occasions; and (c) placed the victim’s hack in one short part of the left part; (d) around 3 weeks of the escape of external protruding signboards in need of approximately 8 weeks of medical treatment; and (e) caused the victim’s injury, such as cutting off the upper part of the bar in need of medical treatment for approximately 7 weeks of 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. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Investigation report (on-site photographs and photographs of the upper part thereof, status of dispatch to the scene, and relation with deadly weapons), and respective photographs attached thereto;

1. Application of relevant Acts and subordinate statutes to each written diagnosis attached to a report on investigation (attached to a written diagnosis submitted by a suspect D);

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an unfavorable circumstance to the Defendant, where the Defendant committed a serious bodily injury by assaulting the victim with a pipe, which is a dangerous article, and the nature of the crime is not good. Although the Defendant has long been punished one time as a fine due to a violent crime, the fact that the Defendant has long been punished as a fine is disadvantageous to the Defendant.

However, the fact that the defendant recognized his mistake and against himself, there is no criminal conviction exceeding a fine, the defendant deposited 15 million won for the victim, and paid 45 million won for the victim, and the injured party does not want the punishment of the defendant, and the age, sex, environment of the defendant;

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