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(영문) 대구지방법원 2018.06.12 2018고단1696
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 January 23, 2018, at around 02:15, the Defendant rendered a decoration on the ground that the victim D (46 aged) who is a fluor in Daegu Suwon-gu B was fluored without this brush, and caused the victim's face by drinking flusing flus, cut off the victim's body several times, cut off the body of the flus (30cm in diameter) which is a dangerous object on the table flus, and sustained the victim's head flus (30cm in diameter) by getting off six times the victim's head flus (30cm in diameter) which is a dangerous object on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: In light of the method and implements of the instant crime, degree of injury, etc., the nature of the instant crime is infinite. Even though there were many criminal offenses of the same kind, including the Defendant’s punishment, circumstances favorable to the Defendant in preventing the instant crime: The Defendant was recognized and opposed to the commission of the crime. In addition, the victim is also responsible for the occurrence of the crime even for the victim, such as when the victim was committed first of the time of the occurrence of the crime. Taking into account all the circumstances, such as the victim’s age, occupation, sex and environment, relationship with the victim, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the victim does not want the punishment of the Defendant.

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