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(영문) 대구지방법원 2018.06.08 2017고단2821
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to one year of imprisonment at the Daegu District Court on November 12, 2015, and the execution of the sentence was completed on August 18, 2016 at the Daegu Prison.

1. On April 18, 2017, at around 04:55, Defendant A her “H cafeteria” operated by the Defendant in Daegu Northern-gu G, Daegu-gu, the Defendant her head was 3 to 4 times by an empty beer who had a dangerous object in the table table, and the victim’s head was able to know the number of days of treatment.

2. Defendant B, at the same date, at the same time as paragraph 1, and at the same place as that of Defendant B, the victim’s attacked against the attack by the victim A ( South, 47 years old), caused the victim’s left part of the part of the restaurant (the total length of 25cm, 15cm in length) by knife, which is a dangerous object in the table, to “damage to the factory where the victim is open to the river,” where the victim’s treatment days cannot be known.

Summary of Evidence

1. Partial statement of Defendant A and Defendant B’s legal statement

1. Partial statement of the witness B;

1. A protocol concerning the examination of suspect against the defendant B;

1. Reporting on the arrest of the case;

1. Report of investigation (2) With respect to the parts of the suspect's injury and photographs used for committing the crime;

1. Police seizure records and list of seizure;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal expropriation;

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

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B of suspended execution: Article 62(1) of the Criminal Act / [Judgment on Defendant A and his/her defense counsel] Defendant A and his/her defense counsel had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime

However, in light of the evidence adopted and examined by this court, the defendant had weak ability to discern things or make decisions at the time of the crime.

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