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(영문) 대구지방법원 2018.10.11 2018고단1651
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 01:00 on April 3, 2018, the Defendant: (a) under the influence of alcohol in front of the “C amusement shop” Kabter, the Defendant inflicted injury on the victim D (38 tax)’s head head head, which was a dangerous object, and without any justifiable reason, to be a customer; and (b) caused approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (as to photographing photographs of parts damaged by assault, etc.), a criminal investigation report (as to confirmation ofCCTV image data);

1. A written diagnosis of injury;

1. Application of CCTV-related Acts and subordinate statutes;

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

1. Articles 53 and 55(1)3 of the Criminal Act for Reduction of Small Quantity (the following favorable circumstances among the reasons for sentencing) (see, e.g., Supreme Court Decision 53 and 55(1)3) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 2008). 3) of the Defendant’s defense counsel asserted to the effect that the Defendant was under the physical and mental weakness or mental weakness due to the symptoms of mixed sex, the symptoms of overconcentration, or symptoms, etc. at the time, and thus, the Defendant was under the influence of alcohol at the time of committing the instant crime. However, in light of the motive, circumstance, means, and method leading to the instant crime

Reasons for sentencing

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

2. Circumstances disadvantageous to the determination of sentence: The instant crime committed by the Defendant, without any justifiable reason, by putting the head of the victim, who was drunk and without any one-way transplant, into a beer, and thereby causing injury to the victim. In light of the motive and circumstance of the crime, the method and risk of the crime, etc., the nature of the crime is very difficult. Furthermore, the Defendant, even though he was under the period of probation, has never been aware of it, has prevented the instant crime.

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