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(영문) 대구지방법원 2016.09.27 2016고단3700
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2016, the Defendant suffered special injury: (a) around 11:20, around 11:20, the victim D(51) and trial expenses incurred in drinking in “C” located adjacent to “C” located adjacent to Daegu Northern-gu, Daegu Northern-gu; and (b) the victim intending to go out of the said “C” with a wooden board, who was fluored a dangerous thing, and subsequently, the victim gets out of the said “C,” and the victim gets out of the said “C, respectively, into one time, the part of the elbow part, in which the number of days of treatment cannot be known to the victim, and the part of the el part and the part of the

2. Special intimidation: (a) the Defendant continued to enter the said “C” room at the time and place under the foregoing paragraph 1; (b) knife (the total length of 31cc and 18cc) which is a dangerous object at that place; (c) and (d) knife the victim, while acting as a knife knife with the knife, saying, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Reports on internal accidents (referring to statements made by shots) and investigation reports ( listening to statements made by shots);

1. Application of Acts and subordinate statutes, such as photographs of seized articles;

1. Relevant legal provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (the occupation of and injury to carry dangerous articles) of the Criminal Act concerning facts constituting an offense, and Articles 284 and 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant committed violent crimes since 2005, and even if having been punished twice by imprisonment with prison labor and a fine, the Defendant committed an injury by taking the victim into consideration the wooden wooden boards who did not have any dangerous object despite having been punished twice by a fine, and that the Defendant took advantage of the knife and threatened the victim.

However, under the influence of alcohol, the defendant committed a contingent crime in the course of vision with the victim, and agreed with the victim immediately after the case, and the favorable circumstances such as the recognition of the crime in this case, and other favorable circumstances, such as the defendant's age, sex, environment, and motive for the crime.

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