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(영문) 대구지방법원 안동지원 2018.11.20 2017고단753
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 19, 2017, the Defendant, at the house of the victim D (28 tax) located in Ansan-si C around 00:30 on October 19, 2017, the Defendant, while drinking alcohol together with the victim, her head, who was a dangerous object for the reason that the victim did not her horses, was her head and her head was her head, and the number of days of treatment could not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Reports on internal investigation and the application of the Acts and subordinate statutes governing investigation reports;

1. Relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Reduction of a small amount: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Protection observation and community service order: The crime is serious in light of the form of the act and the means of crime, etc. of the victim, such as the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, by drinking alcohol and leaving the victim's head as the main illness, etc., and the crime is not yet agreed with the victim;

However, the defendant was also injured by the victim, there is no other punishment force except for the defendant who has been punished once by a fine, and recognized his/her mistake and reflects his/her depth, and other factors such as the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime are considered.

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