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(영문) 대구지방법원 2017.11.16 2017고단3761
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

The Defendant, at around 05:00 on April 29, 2017, while drinking together with the Victim E (P) in the “D” ceremony operated by the Defendant in Daegu Suwon-gu C, Daegu-gu, the injured Party, who was under drinking together with the Victim E (D 41) said, was in the influence of the Defendant’s wife.

For the reason that he said, the victim’s face face was 2 times, 2 times, 2 times, and 2-3 times, and 2-3 times from the Defendant, and the victim was indicted by the prosecutor once as to the victim’s head head part, which is a dangerous object on the table. The victim’s head part was charged by the Defendant for three times.

Since F stated that the defendant was the victim's head at one time, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant was the victim's head at three times.

was lowered.

In the end, the Defendant carried dangerous things and inflicted injury on the victim, such as cerebral leys, in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order - Unfavorable circumstances: The defendant assaulted the victim on the ground that he/she was drinking his/her wife by drinking himself/herself; thereby, the victim was deprived of his/her ability to keep his/her body due to his/her assault and was in danger; due to this, the victim was unable to have his/her mind and consciousness; he/she was provided with the cardiopulmonary resuscitation, and sent back to the hospital; resulting in serious danger to the victim's life; favorable circumstances: agreed with the victim; there was no record of punishment exceeding a fine; and there was no record of punishment imposed by the defendant; and there was a late crime against him/her; the defendant's age, sex, environment, motive and circumstance of the crime; and the crime thereafter.

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