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(영문) 대구지방법원 서부지원 2017.03.30 2016고단2109
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 August 14, 2016, the Defendant, while drinking alcohol in the 'D cafeteria' located in Daegu-gu, Daegu-gu, on the grounds that the 'D cafeteria' of around 01:00, the victim E (19 years of age) took a dispute with each other, and broken the franchis of the disease in the above cafeteria, and franchis of the victim E with one hand, franchising the back head part of the victim E, and franchis of the victim E (19 years of age) franchis of the victim E (19 years of age).

As a result, the defendant put the victim E on the 2nd door, which requires approximately two weeks of treatment for dangerous things, and the victim F on the left floor side of the treatment days, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police to F and E;

1. A medical certificate;

1. Application of each statute on photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is not subject to sentencing guidelines.

The conduct with head, etc. as a shoulderer's disease is very dangerous and is highly likely to be criticized.

The circumstances are favorable to the defendant, such as the discovery of minor vision in the state of drinking and the occurrence of contingent crimes, the victims' damage is not serious, the victim's agreement with F is reached with F, and the defendant has no criminal record other than once a juvenile protective disposition received for a long time.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.

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