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(영문) 대구지방법원 2017.04.20 2017고단951
특수폭행치상
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2016, at around 12:00, the Defendant changed alcohol to the victim E (n, 59 years of age) on credit at around 12:0 around 30, 2016, but, on the ground that the victim brought “the victim to the house of drinking alcohol,” the Defendant collected a dangerous object on the table to the main room where there was a person who suffered the damage from the disease, and caused the injury to the upper part of the victim’s upper part of the glass, which caused the damage to the victim’s upper part of the 7-day medical treatment.

Accordingly, the defendant carried a dangerous object with an empty beer disease, leading to the injury of the victim by committing violence against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis of a victim);

1. Relevant Article of the Criminal Act and Articles 262, 261 and 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Although the sentencing of Article 62(1) of the Act on the Suspension of Execution is not good in light of the method of crime, it is a case where the victim was charged with beer disease and was injured, it is more favorable to the defendant in light of the method of crime. However, it is more favorable to the defendant in recognition of the crime of this case, the degree of injury to the victim is relatively minor, the victim has no record of being punished by a fine or heavier, and all other sentencing conditions, including the defendant's age, sex behavior, environment, motive or circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered by the sentence.

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