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(영문) 대구지방법원 포항지원 2018.08.17 2017고단314
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 December 14, 2016, the Defendant, at around 19:30, around 19:30 on the port of Nam-gu, Nam-gu, Chungcheongnam-gu, B, 3 main office of the C, for the reason that he went against the victim D (43 tax). In line with beer disease, which is a dangerous object on the table, caused the victim’s face, and caused injury to the victim, such as an inner diver, diverosis, etc., requiring approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to an investigation report (in relation to damage parts and field photographs), including a written diagnosis of injury attached to the investigation report (the change of rate of the name of the crime);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Based on the reasoning for sentencing under Article 62-2 of the Social Service Order Act, considering the form, method, and degree of damage of the instant crime, poor quality of the crime is deemed to have been committed, under the unfavorable circumstances that the Defendant was punished for the same kind of crime, the Defendant agreed smoothly with the victim, and under favorable circumstances, the Defendant’s age, sex behavior, motive for the crime, and circumstances after the crime, etc., the punishment as indicated in the instant argument shall be determined by taking into account all the circumstances as indicated in the instant argument, such as the Defendant’s age, sex behavior, motive for the crime, and circumstances

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