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(영문) 대구지방법원 2016.04.21 2016고단678
특수상해등
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 became final and conclusive.

Reasons

Punishment of the crime

1. On January 10, 2016, the Defendant: (a) around 11:00, at “C cafeteria” located in Daegu Northern-gu B, Daegu-gu; (b) upon drinking alcohol, the Defendant sneeped the quantity on which the table table is filled by smelling expenses without any special reason; and (c) continuously damaged the victim’s head and back of the victim’s head when the victim’s head and back part of the body are dangerous to the victim; and (d) the victim’s head and back of the body were damaged by a small-type illness, which is a dangerous object to the victim.

2. A special intimidation: (a) around 14:00 on January 10, 2016, the Defendant discovered a victim who returned to a hospital after undergoing hospital treatment; (b) took a neck (104 cm in length and 9 cm in width) that is a dangerous object in the surrounding area; and (c) expressed the attitude that the victim would inflict any harm on the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of opinion;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of suspect A and D's body photo), internal investigation report (suspect D's body photo), internal investigation report (the attachment of a detailed statement of the processing of the case to be reported), investigation report (the attachment of a photograph of the criminal implements), investigation report (the hearing of the statement of a shot person), and investigation report (the hearing of the statement of a shot person);

1. Relevant Article of the Criminal Act, Articles 258-2, 257(1) (a) of the Criminal Act (the occupation of carrying or injuring dangerous articles), Articles 284 and 283(1) of the Criminal Act (the occupation of threatening carrying or threatening dangerous articles, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On January 6, 2016, the reason for sentencing under Article 62(1) of the Criminal Act (i.e., taking into account favorable circumstances) (i., sentencing guidelines) of the suspended sentence (i.e., sentencing guidelines) (ii) the amendment of the Criminal Act and the Punishment of Violences, etc. Act, making it impossible to use the part of the sentencing guidelines for special injury as they are.

- Unfavorable circumstances: The head of the injured party shall be the main body of the injured party, which is a dangerous product without any particular reason.

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