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(영문) 대구지방법원 2017.10.12 2017고단4295
특수상해등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 17, 2017, at C convenience stores located in Daegu Dong-gu, Daegu, Daegu, about 02:05, the Defendant: (a) sent the victim D, an employee of the said convenience store, with the direction to see himself/herself, “low-faced in the direction; and (b) sent the victim’s back head part of the victim’s disease, which is a dangerous object possessed without any special reason, once the victim’s back head part of the victim’s body was cut off and the victim’s number of days of treatment cannot be identified.

2. On July 17, 2017, at the time of the Daegu innovation of the National Bank of Korea, the Defendant: (a) laid a taxi for the operation of the victim E, opened a driver’s seat without any special reason; (b) opened the driver’s seat without any special reason; and (c) opened the victim’s face on one occasion by drinking the victim’s face at one time; and (d) opened the victim’s face with the victim’s hand depending on the victim avoiding his/her job; and (c) opened the victim’s face on one occasion, with the victim walkinging the victim’s face one time in two-time, the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A damaged photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (for a victim's wife),

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is the case where the defendant, who is a dangerous object without any special reason, gets the head of the victim D and each injury was inflicted by exercising violence against the victim E as a result of drinking and so on. However, it is not good that the crime was committed. However, the favorable circumstances such as the agreement with the victims, the fact that the defendant did not have a criminal record, and that he did not go late, and other favorable circumstances such as the defendant's age, sexual behavior, environment.

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