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(영문) 대구지방법원 2016.08.26 2016고단3166
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2016, the Defendant: (a) around 19:55, and around 2016, while drinking the same-friendly victim D ( South, 53 years old) and drinking in a c restaurant located in Daegu-gu B, Daegu-gu; (b) the Defendant did not lend the vehicle expenses to the victim; (c) the Defendant’s hand floor is a small-scale patient who is a dangerous object on the tables one time with the Defendant’s knives and against the knives of the victim, and had an open room to view that the victim’s face needs to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of a medical certificate;

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. The nature of the crime is not good in light of the risk, etc. of the crime on the grounds of sentencing under Article 62(1) of the Criminal Act, and the degree of damage is not easy.

However, considering the circumstances favorable to the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence, should be taken into consideration.

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