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(영문) 대구지방법원 2017.04.26 2017고단1288
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 22, 2016, the Defendant, at a singing room located in Ulsan-gun B, Ulsan-gun, U.S. on December 22, 2016, on the ground that the victim D (48 tax) and a person who was under the influence of alcohol had expressed a desire to the Defendant, the Defendant got the victim’s head head.

In the end, the Defendant carried dangerous things and carried them to check on the left head side where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. It is advantageous to the fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the sole agreement with the victim, that the defendant is against the defendant, and that the degree of injury of the victim is not too serious.

On the other hand, the defendant's use of dangerous articles is highly dangerous, and the defendant's use of a large number of violent crimes is disadvantageous.

Other conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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