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(영문) 대구지방법원 2018.05.31 2018고단1273
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 28, 2017, at around 01:55, at the defendant's house located in Daegu-gu B lending 103, the defendant tried to cover the victim C (41 tax) of sexually friendly arrested sexually intending to sleep while under the influence of alcohol and had a dispute, and the defendant has divided the two parts, which are dangerous articles in the head of the state of the state of the state of the state of the dispute, with a kitchen knife (15cm in total length, about 10cm in length, about 10cm in knife) and put the back part of the head part of the victim's body, the treatment period of which can not be known once.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to reports on the occurrence of accidents;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. The sentencing criteria are not set for the crimes of special injury;

2. Circumstances disadvantageous to the determination of sentence: The following circumstances are that the defendant put the victim's rear water, which takes place at the end of a dispute with his/her minor end, in light of the motive and background of the crime, the criminal implements and methods of the crime, etc., and the nature of the crime is highly dangerous: The defendant recognizes and reflects the crime. The degree of injury is not an excessive one. The degree of injury is not an excessive one. The injured person does not want the punishment of the defendant by mutual consent with the victim of sexual intercourse. The defendant does not have any record of punishment except a fine on one occasion at around 2007, and all other circumstances that are conditions for sentencing, such as the defendant's age, occupation, sex, environment, family relationship, and circumstances after the crime;

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