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(영문) 광주지방법원 목포지원 2017.06.13 2017고단478
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, at around 14:30 on April 25, 2017, did not provide the victim with the alcohol at “E” after drinking the alcohol at the victim D (n,e.g., 71 years of age) operated by the Defendant, and then did not properly provide the victim with the alcohol value.

During the Si expenses, the victim refused to do so, and the victim's back head was 1st time, and the victim continued to do so, and the victim saw a tree mons (1m in total) which is a dangerous object in the vicinity of the shot (onem in total) and got off once every time to the face of the victim, and suffered injury to the victim, which is in need of approximately seven weeks of medical treatment, due to the victim's left hand.

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 made by the police against D;

1. Application of Acts and subordinate statutes to victim-victim photographs, suspect-using wood monlls, and diagnostic documents;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount is that the defendant committed the crime of this case even though he had the record of being punished more than 10 times for the same kind of crime, and the crime of this case was committed not only by the defendant, but also by the defendant committed the crime of this case, but also by the dangerous act that the defendant was harming the victim's face with a material in danger of driving away from the victim, and the crime of this case was committed by the victim's hand flag, which prevents the victim's face, and the crime of this case is inadequate and the degree of the victim's injury is relatively heavy, even though the defendant did not reach an agreement with the victim, it is inevitable to sentence the defendant as to the crime of this case.

However, the fact that the defendant recognized the crime of this case, the fact that the defendant is against the age of 71, etc. is considered as favorable to the defendant, and other records of this case, such as the defendant's age, environment, sex behavior, motive, means, and circumstances after the crime, etc.

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