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(영문) 대구지방법원 포항지원 2016.11.10 2016고단1188
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 03:00 on August 4, 2016, while drinking alcohol together with the Victim D(54 years of age) at the main point located in the north-gu B at the port of port on August 4, 2016, her head was discharged from beer disease, which is a dangerous article on the table on the table, on the ground that the victim was slaping off the Defendant, and her head was flaped one time, and her head was flaped into two parts in need of approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Receipt of a report on internal investigation (receiving a medical certificate for injury);

1. Application of Acts and subordinate statutes to report on investigation (on-site situations and photographs of damaged parts; hearing statements by victims);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The details and methods of the crime, such as taking the victim head into account with a beer who is a dangerous object and inflicting three weeks bodily injury; circumstances favorable to the risk of her appearance; the victim has agreed by paying the agreed amount, etc.; the victim has no record of criminal punishment exceeding the same type of criminal record or fine; the recognition of the crime; and the fact that there is against the mistake, other than each of the above circumstances, the defendant's age, character and behavior, environment, and circumstances before and after the crime; consideration of various factors of sentencing indicated in the records;

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