(영문) 대구지방법원 2016.07.28 2016고단2039

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.07.28 2016고단2039

특수상해

Text

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

Punishment of the crime

On February 22, 2016, at around 23:05, the Defendant expressed interest to the victim E (the 50 years of age), while drinking alcohol together with the victim E (the 50 years of age) in the Daegu Dong-gu, Daegu-gu, Daegu-gu, on the ground that the victim was able to refuse and fright, and the victim was able to do so. On the other hand, the Defendant collected beer disease, which is a dangerous object in the table, and laid the head of the victim one time and laid the body of the victim one time, laid the body of the victim, laid the body part of the victim, laid the body part of the body, and laid the telegraph into a telegraph, and put the victim two heats requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of photograph of damage, each investigation report (No. 12, 13 of the evidence list);

1. The grounds for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts are as follows: (a) the sentencing conditions indicated in the records of the instant case, such as the age, sex, family relation, family relation, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be equally considered and determined as ordered.

Unfavorable circumstances: The Defendant, due to beer's disease, brought the head of the victim at one time due to beer's disease, was in violation of the inside and outside of the victim's inner part.

The above act of the defendant is highly dangerous and resulting in the danger that may not be imprudented, and the nature of the crime is very bad.

The victim's damage is serious and the victim wants to severe punishment against the defendant.

In the past, the defendant has committed several crimes related to violence, and the above past records include a suspended sentence sentenced to around 2012.

In light of the attitude of the crime and the criminal records of the defendant, the risk of recidivism seems considerably high.

A favorable normal situation: The defendant shows a attitude that acknowledges and reflects his fault at the latest.

참조조문

-형법 제257조 제1항

-형법 제258조의2 제1항

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