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(영문) 대구지방법원 2017.04.28 2017고단1485
특수상해등
Text

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

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 February 27, 2017, the Defendant: (a) at the restaurant of “C” located in Daegu-gu, Daegu-gu, Daegu-gu, on February 27, 2017; (b) at the toilet, the Defendant reported that she was seated adjacent to the female-friendly Gu of the Defendant of this case (18 years old); (c) caused the Defendant to inflict an injury on the Defendant, such as the two parts of the body, the body, the body, and the body, etc. of the victim, which are dangerous things located therein, by gathering beer diseases.

2. Around 22:15 on the same day, the Defendant assaulted the victim’s head, knife, knife, knife the victim’s head, and knife knife knife the victim’s face from the victim E (at 19 years of age) who is the above D’s seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

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

1. Relevant legal provisions of the Criminal Act and Articles 258-2 (1), 257 (1), and 260 (1) of the Criminal Act (or choice of imprisonment or imprisonment) concerning the crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution is an unfavorable circumstance that: (a) inflict an injury on a victim due to a beer disease, which is a dangerous thing; and (b) the injury has not been recovered

However, there is no other previous conviction except for the defendant who has been sentenced once to a fine due to assault or assault, and the fact that the defendant is against the defendant is a favorable circumstance.

Other conditions prescribed in Article 51 of the Criminal Act, such as the age of the accused, shall be determined as per the disposition.

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