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(영문) 대구지방법원 2017.03.09 2017고단87
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 December 23, 2016, the Defendant, while drinking alcohol within the “C cafeteria” located in Daegu Northern-gu B, Daegu, Daegu, on December 23, 2016, performed an examination with the victim D (66 years of age) of this Defendant, who is a guest, and the Defendant, who was a tree, she saw that he she saw the tree, “I am at low flick and flick.”

The phrase “assumed the finite, which is a dangerous object in a restaurant, and caused the victim’s hair twice, thereby causing the victim to suffer bodily injury in the framework of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

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 unfavorable to the determination of sentence: Along with multiple previous convictions, including criminal records, the Defendant committed the instant crime; in light of the motive and method of the commission of the crime, and the degree of injury, the nature of the instant crime is unfeasible; circumstances favorable to the extent of actual injury inflicted on the victim: The Defendant is led to confession and reflect. There are aspects that the Defendant was committed a part of the crime. In addition, the Defendant’s age and occupation, sex and environment, relationship with the victim, motive and background of the crime, and circumstances after the crime, etc. are considered, taking into account all the circumstances that are conditions for sentencing, such as the Defendant’s age and occupation, sex and environment, the victim’s motive and background, and the circumstances after the crime.

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