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(영문) 대구지방법원 서부지원 2017.01.12 2016고단2117
특수상해등
Text

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

1. On January 14, 2016, the Defendant suffered special injury: (a) from “E cafeteria” operated by the victim D in Daegu-gun, Daegu-gun, Inc. on January 14, 2016 to “E cafeteria”; (b) the injured person, while entering into a dispute due to the calculation of the value of the day and the alcohol, completed a funeral; and (c) the injured person, while

For the reason that it was required, the main body of the dangerous object was knifeed with the main body of the victim's right head, and the victim suffered injury such as cerebral typ in need of treatment for two weeks.

2. Special intimidation Defendant: (a) on the ground that the victim reported to the police on the crime set forth in paragraph (1) at the same time, at the same place, and on the ground that the victim reported to the police on the crime, the victim gets knife, which is a dangerous object through water and knif

“Intimidating”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate of injury (Evidence record 1, 38 pages);

1. Application of the Acts and subordinate statutes of Gashes and Domins photo (Evidence Record Nos. 28, 29, 29);

1. Relevant legal provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (the occupation of and injury to carry dangerous articles) of the Criminal Act concerning facts constituting an offense, and Articles 284 and 283 (1) (the occupation of intimidation to carry dangerous articles, punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the confession of a crime and the attitude against the victim, the degree of injury to the victim is relatively minor, and the defendant has no criminal record exceeding the fine);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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