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(영문) 대구지방법원 2018.05.03 2018고단706
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 16, 2017, the Defendant: (a) 03:00, while drinking alcohol with the victim E (33 years) and drinking alcohol in the Daegu Dong-gu, Daegu-gu, on the ground that he could not be identified from the person under the influence of alcohol, the Defendant: (b) laid down the flab on the floor of the victim’s face; (c) laid down the flab on the floor; and (d) laid down the flab on the floor of the victim’s face, such as snow, ear, etc., flabing the victim’s flab, which is a dangerous article, and flabing the victim’s flab, and flabed the victim’s flab, which is a dangerous article, with approximately two weeks of 3 weeks of the face and flab, requiring treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of suspect interrogation of E (including a written diagnosis of additional injury, etc.);

1. Investigation report (in the event of the occurrence of the case and attaching photographs of the suspect E), investigation report (in the case of attaching photographs of the body of the suspect to the upper part of the body);

1. Application of statutes on site 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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Circumstances disadvantageous to the determination of sentence: The Defendant inflicted an injury upon the victim by drinking at the end of the minor vision. In light of the implements of the crime and the part of the injury, etc., a large risk is high in light of the nature of the crime, and the degree of the injury, and the circumstances favorable to the degree of the injury: The Defendant recognized and reflects the crime. The victim appears to be liable for the occurrence of the crime. The victim and the Defendant agreed smoothly with the victim. The Defendant is the first offender with no record of the crime.

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