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(영문) 대구지방법원 안동지원 2016.09.09 2016고단516
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 5, 2016, the Defendant: (a) while drinking alcohol together with the Victim D (56) who was aware of in the course of engaging in construction work at C’s main points located in C at a permanent residence of around 01:45 on July 5, 2016; and (b) without any special reason, “Death and discarded” shall be discarded.

“Along with the bundling of frequently-hazardous objects, an emptyer bundled, and assaulted three times by gathering the head of the victim.

As a result, the Defendant suffered bodily injury such as having the victim tear about about 1 cm of the treatment days with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the instant records, such as the following circumstances and Defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, etc., shall be determined by taking into consideration the sentence identical to the order.

D. Unfavorable circumstances: The crime of this case was committed with dangerous articles, causing injury to the victim, and the method of crime and the nature of the crime is not good.

The defendant has the same history of punishment.

The favorable circumstances are against the defendant's dignity while making a confession of all crimes.

The agreement was reached with the victim.

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