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(영문) 대구지방법원 포항지원 2017.09.14 2017고단905
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

From 01:00 on February 13, 2017 to 01:45 on the same day, the Defendant: (a) at the home of the Defendant from South-gu, South-gu, 205 on the same day; (b) at the home of the Defendant, and (c) without any particular reason, performed drinking with the Victim C (33 Dose), used the main-style food, which is a dangerous thing that had been discharged from the kitchen, and used the victim’s hair and arms in hand (15 cm in total length, approximately 28 cm in length, about 15 cm in length); and (d) took the victim’s head and arms in hand, and continuously put the victim’s arms and horses in hand, and caused damage to the victim’s character, such as the victim’s knife that requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the accused confessions the facts charged in the instant case and repents the wrong facts charged; (b) the victim does not want the punishment of the accused; (c) the accused does not have any particular criminal record in addition to the fine; and (d) the sentencing conditions specified in the pleadings in the instant case, such as the Defendant’s age, environment, sex, motive for committing the crime, and circumstances after committing the crime

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