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(영문) 대구지방법원 의성지원 2016.12.22 2016고단223
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years on July 10, 2014 to imprisonment with prison labor for an injury, etc. in the Daegu District Court’s sex support on October 10, 2014, and the said judgment became final and conclusive on the 18th of the same month and eight times the same criminal records of assault

【Criminal Facts】

On June 14, 2016, at around 16:00, the Defendant was under the suspension of execution, and at the C parking lot located in the north-gu, Northern Port B, the victim D(26 years of age) and parking problems, the Defendant laid golf bonds (1m in length) in a vehicle and “sprinke, nisp. v. dec. dec. dec. dec. dec. dec. and grow,” and the Defendant displayed golf bonds (1m in length) from the victim, and “Isp. Isp. with golf bonds, Isp. the victim’s face, which is a dangerous object, and caused damage to the victim’s character, etc. for seven days by making another hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. An investigation report (Submission of a written diagnosis of injury to a victim);

1. Criminal records as indicated in the judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as a suspect);

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the same kind of violence to the defendant, and it is inevitable to strictly punish the defendant in that the defendant committed the instant crime again within the period of suspension of execution.

However, the fact that the defendant does not want the punishment of the defendant in agreement with the victim, the defendant merely displayed golf loans, which are dangerous objects, and does not directly inflict an injury on the victim with golf loans, the degree of the injury of the victim is not so significant, and the age, character and conduct, environment of the defendant, and the case.

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