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(영문) 대구지방법원 2017.05.18 2017고단1114
특수상해
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

On February 20, 2017, the Defendant drinked with the victim D (55 years) who was a senior to a high school in the Daegu Suwon-gu B on February 20, 2017, while drinking alcohol with the victim D (5 years) who was a senior to a high school, and came to have a dispute with E-related national farming group problems, the Defendant left the victim's face one time with beer disease, which is a dangerous object, and caused the victim's face one-time and the victim's face cannot be identified.

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 each investigation report (the attachment of photographs of the upper part and the submission of a victim's written agreement);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing as follows)

1. The sentencing criteria are not set for the crimes of special injury;

2. Circumstances disadvantageous to the determination of sentence: In light of the method and instrument of the instant crime, etc., the nature of the crime is favorable: The Defendant is led to confession and reflecting against the Defendant. The degree of injury is not relatively severe, and the injured party does not want to punish the Defendant by mutual consent with the victim. The Defendant does not have any same criminal record since 1998, and there is no particular record of punishment exceeding the fine, taking into account all the circumstances that form the conditions for sentencing, such as the Defendant’s age, occupation, sex and environment, family relationship, relationship with the victim, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc.

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