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(영문) 대구지방법원 안동지원 2019.06.18 2019고단222
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 7, 2018, the Defendant was sentenced to one year of imprisonment with labor for the crime of interference with business, etc. in Daegu District Court racing support, and on April 16, 2019, the Defendant completed the execution of the sentence in the third prison of Gyeongbukbuk District Court.

Nevertheless, at around 23:48 on April 25, 2019, the Defendant laid the microphone on the floor without justifiable reasons while drinking alcohol together with the victim D (n, 36 years of age) who is an employee, at the A1 room located in Ansan-si B.

Accordingly, during the process of confirming the personal information of the Defendant and the case details by the police officer dispatched to the site after receiving a report 112, the Defendant: (a) laid a glass beer, which is an object dangerous to the victim who was seated in a small wave; and (b) carried out an injury to the victim, such as an open wound, which requires approximately two weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Reports on internal investigation, and each investigation report, account statement, and medical certificate of injury;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Aggravation of repeated crime: The Defendant, with the reason for sentencing Article 35 of the Criminal Act, has been punished several times due to a crime of the same or similar kind in the past, and further, the execution of the sentence pursuant to the previous judgment has not been imprisoned after the end of April 16, 2019, and committed the instant crime.

No measures have been taken to recover the damage of the victim.

On the other hand, the defendant recognized his mistake and is in profoundly against his will, and the degree of injury of the victim is not much serious.

In addition, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, etc. shall be considered as the order.

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