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(영문) 대구지방법원 안동지원 2019.02.19 2018고단644
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 11, 2018, the Defendant: (a) around 01:10, at the “Cju store” located in Ansan-si B, and performed drinking together with the victim D (the age of 46) on the ground that the victim’s horses and actions were not false; (b) the Defendant her flicked the victim’s flick, which is a dangerous object on the table.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as cerebral celebs which do not have two situations in which treatment is required for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant, while under the influence of alcohol, booms the victim with no particular reason and thereby put the victim in the upper part of the head of the victim, and thereby, the nature of the crime is very serious in light of the means of the act or the risk of the damage.

However, it is judged as ordered by taking into account the following factors: the defendant's mistake is recognized, is in depth and reflects the depth of the defendant's mistake, and there was no previous criminal record or severe punishment, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.

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