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(영문) 대구지방법원 2016.09.23 2016고단3239
특수상해
Text

Defendant

B shall be punished by imprisonment for a period of six months.

However, the above punishment against Defendant B for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B On June 21, 2016, around 22:35, 2016, while drinking alcohol together with the victim A (son, 57 years old) in the Daegu Dong-gu, Daegu-gu, Daegu-gu, the victim was assaulting the victim B by gathering beer disease on the left hand on the face of the victim on the ground that the defendant B went against the victim, and the victim was frighting to the face of the defendant B by gathering beer disease, which is a dangerous object on the table.

As a result, Defendant B assaulted the victim by carrying dangerous objects.

Summary of Evidence

1. Defendant B’s legal statement

1. A protocol concerning the examination of suspect of the police officer;

1. Application of Acts and subordinate statutes to a report on occurrence (special injury) and a report on internal investigation (CCTV's extraction of photographs);

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that Defendant B had several records of punishment for the same kind of crime, and in light of the risk of the crime, the criminal liability is not easy.

However, Defendant B’s mistake is divided, the victim appears to have been a beer disease against Defendant B, and the victim appears to have set up against it, and physical damage is not deemed to have been caused by the victim’s failure to meet the beer disease, etc., considering the favorable circumstances in favor of Defendant B, and sentencing the same sentence as the order is imposed by taking into account the following two factors: Defendant B’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc.

Dismissal of Prosecution - Defendant A

1. Defendant A, on June 21, 2016, took part in the victim B ( South, 53 years old) who had drinking together within the “D” Dog-gu Daegu Dong-gu, Daegu-gu, Daegu-gu, about 22:35 on the charge of the facts charged, and who had drinking together on the part of the victim B ( South, 53 years old) who took part in this half-year-end.

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