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(영문) 대구지방법원 2017.11.02 2017고단4689
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 July 11, 2017, the Defendant collected that, within the “C cafeteria” in Daegu-gu, Daegu-gu, the Defendant left the victim’s head once on July 11, 2017, while travelling together with the victim D (56 aged) who had ordinary friendship with the victim D(56) who had a dispute, the Defendant left the victim’s head on the ground that the Defendant’s head was suspended, which is a dangerous object on the table of the table.

As a result, the Defendant committed two heats where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each statute on photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing as follows)

1. The sentencing criteria are not set for the crimes of special injury;

2. Circumstances unfavorable to the determination of sentence: In light of the method and circumstances of the instant crime, etc., the nature of the crime does not change; the degree of injury does not change to that of the Defendant. Circumstances favorable to the Defendant that have been committed several times, which are favorable to the Defendant: The Defendant is committing a crime. The victim does not have any record of punishment exceeding the fine after 2004, and the victimized person does not want to be punished by the Defendant. Taking into account all the circumstances, such as the Defendant’s age, occupation, sex and environment, relationship with the victim, motive and background of the crime, means and consequence of the crime, and circumstances, such as the circumstances after the crime, etc.

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