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(영문) 대구지방법원 2017.05.19 2017고단1581
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 11, 2017, the Defendant, within “C cafeteria” located in Daegu-gu, Daegu-gu, Daegu-gu, on March 22:45, 2017, performed drinking together with the victim D (49 tax) who is his sixth degree of scarcity, and was under drinking with beer disease, which is a dangerous object on the table, one time the number of the victims was lowered, and suffered bodily injury, including two weeks of treatment, for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made in the police statement protocol with D;

1. Statement in an investigation report (the confirmation report on the degree of injury to the victim);

1. Application of Acts and subordinate statutes on images of photographs;

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 (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (recompetence of favorable sentencing conditions among the reasons for sentencing) is the beer disease, which is a dangerous thing of the defendant, and the degree of injury inflicted on the victim appears not to have serious. The extent of injury inflicted on the victim appears to have been determined as ordered by taking into account all favorable sentencing conditions for the defendant, such as the fact that the defendant agreed with the victim, the injured person expressed his/her intention not to punish the defendant, and that there is no penalty imposed by the defendant more severe than the fine, and the defendant did not have any other sentence imposed, such as the defendant's age, sex, circumstances after the crime, and relationship with the victim.

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