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(영문) 대구지방법원 영덕지원 2017.03.22 2016고단149
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 18, 2016, at around 13:00, the Defendant d cafeteria located in G, G, the G, the G, in the state of alcohol, changed tobacco to E, takes a bath, etc. In order to prevent the Defendant from falling out of the said cafeteria, the Defendant f (52 3) of the victim F, the said cafeteria, the said cafeteria, and changed to the outside of the cafeteria. However, the Defendant f (52) f, the Defendant f, who was a customer of the said cafeteria, f, flick, which is an object dangerous in front of the said cafeteria, flick, and flicked into the cafeteria, and flick, flick and flick part of the victim, who was seated at the entrance of the cafeteria with the said cafeteria’s disease.

As a result, the defendant carried dangerous things with the victim about three weeks of medical treatment, thereby damaging the character of the horse that needs to be treated, strawing, etc.

Summary of Evidence

Article 258-2 of the Criminal Code of Article 258 of the Criminal Code concerning the defendant's legal statement F, the police statement report to E, the investigation report (as to the submission of victim's diagnosis report) and the criminal facts covered by each accompanying document are deemed to be erroneous.

The reason for sentencing under Articles 1 and 257(1)3 of the Criminal Act for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity is that the instant crime committed by the Defendant with dangerous articles by the victim, who told the Defendant to wear a pedal at a restaurant, is not good in light of the background of the crime and the means of the crime.

The fact that the defendant did not reach an agreement with the victim and that the defendant has been sentenced to four times of violent crimes is also disadvantageous.

However, considering the favorable circumstances in which the defendant recognized the crime of this case and reflected, the punishment as ordered shall be determined by taking into account all the sentencing conditions, such as the defendant's age, sexual conduct, environment, motive, background, means and consequence of the crime, and the circumstances after the crime.

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