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(영문) 대구지방법원 2017.05.25 2016고단5310
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant resided in Daegu Jung-gu 103dong 4304, the defendant, and the victim D(54) is the neighbor who resides in the above apartment 103 Dong 4303.

On July 4, 2016, the Defendant: (a) around 08:30 on the ground that there was a disturbance for residents to evacuate and call out, etc. due to the fire warning, which was the victim’s house; (b) the victim did not appear at home; (c) made a horse dispute; (d) made a bath, b) made the victim’s shoulder by hand; and (d) threatened the victim with the victim’s shoulder by drinking; and (e) made a mountain (1m in length) which is a dangerous object in the corridor; and (e) made it possible for the victim to take care of the damaged part during the pertinent period; and (e) made it possible for the victim to take care of the damaged part at the end of the instant mountain part, including the part that was pushed back by the victim, and the part that the victim attempted to do so, and (e) made it possible for the victim to take care of the damaged part during the instant period.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant inflicted an injury on the victim by using dangerous articles, and the liability for such crime is not to be somewhat strict.

The defendant has been punished for violence-related crimes.

The degree of damage to the victim is the most advantageous circumstance.

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