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(영문) 대구지방법원 2013.03.22 2012고단1369
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On October 7, 2011, the Defendant, at around 03:00 on October 7, 201, drinked alcoholic beverages with the victim D (year 51) in front of the Daegu Suwon-gu C, Daegu, and the victim went to part of the drinking value, and the Defendant removed the right hand hand of the victim so far as to make it difficult for the victim to do so.

As a result, the defendant set up a framework and cutting off the victim for about four weeks of treatment, which is the right side 5 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “contributable circumstances”) is somewhat somewhat extenuating that the Defendant committed the instant crime.

Even if the method and result of the instant crime, the circumstances after the crime, etc. are considered, it is inevitable to punish the Defendant with strict punishment.

However, it seems that the mental and emotional problems of the defendant have partly affected the crime of this case, and the defendant has been hospitalized even after the crime of this case, and is under treatment after the crime of this case, the confession of the defendant and the misunderstanding of the defendant, the payment of the prescribed amount of agreement to the victim, and the fact that there is no recent severe criminal punishment, etc. shall be determined as per the order in consideration of the overall aspects of the punishment.

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