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(영문) 대구지방법원 2017.09.21 2017고단3924
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreigner of the U.S. nationality, and is a family member of the U.S. military, and is subject to the Korea-U.S. Administrative Agreement SFA, and the victim D(29) is a foreign worker of the Republic of Korea

On May 14, 2017, the Defendant: (a) 05:20 around 05:20, while drinking alcohol at “F main points” located in Gyeongdong-gun, the Defendant: (b) brought about approximately four weeks back to the Defendant; (c) brought about a son who was sitting next to the Defendant, and (d) brought about a physical fighting with the victim, and went out of the said club, and (d) discovered the victim out of the said club, and (e) discovered the victim out of the said club, he saw the victim as his hand, who was a dangerous object coming out of the Defendant’s bank, brought about three times to the head of the victim, and took approximately four weeks off approximately four weeks of the victim’s head, with approximately four weeks of credit in need of medical treatment, and there was no blood ties or any other brakingral ties in open.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement of the police statement related to G;

1. A medical certificate, CCTV photograph eight copies, and one video;

1. Application of Acts and subordinate statutes to report internal investigation (a photograph attached to the victim's upper part of his/her body, a photograph of the criminal tool, etc.);

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. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the case where the victim was injured by taking advantage of the tree wing, which is a dangerous object, the nature of the crime is not good in light of the method of the crime. However, the following factors are comprehensively taken into account: (a) the recognition of the crime in this case and reflects the mistake; (b) contingent crimes committed during minor trial expenses; (c) the victim and the victim have agreed smoothly; (d) the victim have no record of criminal punishment in the Republic of Korea; and (e) the defendant’s age, sex, environment, motive or circumstance of the crime; and (e) all the other favorable conditions

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