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(영문) 대구지방법원 안동지원 2017.03.17 2016고단932
특수상해
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On November 12, 2016, the Defendant: (a) around 01:45, the Defendant: (b) around 01:45, and (c) around 01:45, the Defendant, within the main point in Andong-si B, drinked D and alcoholic beverages, which are the owner of the business at the place, and without any justifiable reason, carried out two weeks of the Victim E (34)’s disease, which is an object dangerous to the left side of the head.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, G, and D;

1. Reporting on the occurrence of an accident under injury;

1. A report on internal investigation and accompanying materials;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case is not less complicated in light of its circumstances and methods.

This is an unfavorable circumstance to the defendant.

The defendant is the first crime (no record of being investigated), and all of the crimes of this case are led to confession and reflect.

The injured person does not want the punishment of the defendant under the mutual consent with the defendant.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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