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(영문) 대구지방법원 상주지원 2018.07.17 2018고단138
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

On May 17, 2018, the Defendant, within a closed bus located in C B at the time of stay at around 20:20 on May 17, 2018, after drinking the victim D (the remaining, 45 years of age) and drinking, brought the victim's head to his hand, and brought the victim's head to his hand without any special reason. In addition, by taking the head of the victim's head to his hand, the Defendant suffered damage to the two skins that require treatment for about 10 days by taking the victim's head to his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of each internal investigation report (Nos. 4 and 5 of the evidence list), each investigation report (No. 10, 11 of the evidence list) statute

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, without any special reason, has inflicted an injury on the victim's head by taking the victim's head, and the responsibility for the observation of protection and the order of community service order should be taken.

Furthermore, even though the Defendant was sentenced to a heavier sentence of one year and six months of probation for committing a crime of using violence against his own children in 2015, the Defendant again committed the instant violent crime as long as the period of probation expires.

The above is considered as an unfavorable circumstance.

However, the fact that the defendant recognizes and reflects the crime, the fact that the victim agreed smoothly with the victim, etc. shall be considered as favorable circumstances.

In addition, the sentencing conditions shown in the arguments and records of the case, such as the defendant's age and the background of the case, shall be determined as per the disposition.

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