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(영문) 대구지방법원 안동지원 2018.05.29 2017고단573
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 23, 2017, the Defendant discovered that there was a victim E (62 cm) who was under the influence of alcohol due to the traffic and parking of flat vehicles in the front of D Scki in Ansan-si, Andong-si, at around 19:20 on August 23, 2017, and used each item ( approximately 93cc in length, about 7cc in width, about 3.5cm in length, about 3.5cm in length) which is a dangerous object stored in the Defendant’s house, in his hand, and used each item ( approximately 93cc in length, about 7cc in width, and about 3.5cm in length) which was trying to avoid the Defendant’s head.

As a result, the defendant carried dangerous things with the victim about 2 weeks of treatment, and caused multi-faceted diagnosis and injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to internal investigation reports (each item, damage photographs, etc.), investigation reports (related to attachment of video CDs at criminal scene, and major contents of video images at criminal scene);

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

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity mitigated are as follows: (a) the Defendant cited the following items on the ground that there was a need for vision due to a flat parking problem, etc.; (b) the Defendant she left the place to the head of the victim following the snow.

If the injured party did not stop the above item in his arms, there was a risk of serious injury on the head part of his head.

As such, the Defendant carried a dangerous object on a minor ground and caused the risk of causing serious injury to the victim, and did not receive the victim’s request due to the occurrence of serious injury.

In light of such criminal history, means, methods, occurrence of damage, circumstances after the crime, etc., the defendant cannot be sentenced to punishment.

On the other hand, the defendant's mistake is against himself and has been punished several times due to the same kind of crime in the past.

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