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(영문) 대구지방법원 2017.06.16 2017고단2268
특수상해
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On April 15, 2017, when the Defendant passed a road in front of a “D” restaurant located in Youngcheon-si C around 19:00 on April 15, 2017, the Defendant got her victim E ( South, 54 years old) and her head.

In misunderstanding, the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as the heat of breast walls that require treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Police seizure records and list of seizure;

1. A medical certificate of injury and a medical certificate;

1. Application of statutes on site and victim photographs;

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

1. The Defendant’s crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is highly dangerous in light of the motive and method of the crime, and the degree of injury. Therefore, it is necessary to strictly punish the Defendant.

Since the defendant has a number of criminal records of violence in the past, violence has deteriorated, and the defendant committed the crime in this case against the victim who does not have any relation in drinking condition, in the present living environment, there is a lack of social ties, there is a high possibility that the defendant can continue drinking which causes the problem, and accordingly, the risk of recidivism seems to be considerably high, so it is necessary to isolate the defendant in society for a considerable period of time.

On the other hand, the fact that the defendant paid damages to the victim and agreed is considered in favor of the victim.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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