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(영문) 대구지방법원 안동지원 2016.12.20 2016고단812
특수폭행치상
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

Around 16:00 on August 7, 2016, the Defendant: (a) made efforts to bring agricultural vinyl in the storage room of the victim D (the 46-year old), which was in possession of the victim D (the victim) at his residence; (b) made efforts to detect and stop the victim; (c) made them known; (d) made it possible for the victim to wear down several times to the victim; and (d) made efforts to “the victim with a hacked a hack, which is a dangerous object, died of the hacker; and (e) made the victim hacking the hacker (the hacker at the end of 147 cm, the total length of the hacks), while the victim hacked the above hacker, which was cited by the victim as the above hacker that had a defect in the defense, and caused the victim’s hack at the end of the enormous end.

As a result, the Defendant, carrying a hurf which is a dangerous object, assaulted the victim, and thereby, caused the victim to suffer injury such as complete hurfed fever of 5 resin in the left-hand hand in need of treatment for about 6 weeks, flood beer, sea beer and water beer, and durfic fever of 4 resin, and so forth.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure, photographs and written diagnosis of injury;

1. Articles 262, 261, 260 (1), and 258-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (a confession, reflectivity, initial crime, and consent that the victim is not subject to punishment, and the age of the defendant);

1. The main sentence of Article 62 (1) of the Criminal Act (the same as the first sentence);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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