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(영문) 대구지방법원 서부지원 2018.10.05 2016고단2797
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2016, the Defendant 08:40 around 08:40, at a D cafeteria parking lot located in Daegu-gu, Daegu-gu, for the first day of the injured party E (22:3) a tobacco heart to the first day of the son E (22). The Defendant sleeped an empty glass bottled in the drinking water drinking room from the injured party.

The victim's left side part of the victim's left part was flicked once by knicking off the glass bottle, which is a dangerous object, and then the victim has an open front part of the flick wall with the number of treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph of the damaged part and drinking water disease), internal investigation report (verification of the damaged condition), investigation report (not attaching a medical certificate and the current status of damage), and investigation report (Attachment of a medical certificate) (Attachment of a medical certificate);

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

1. On September 1, 2015, the Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act, was sentenced to three years of probation on September 1, 2015 by the Seoul High Court for habitually acquiring stolen goods, and was sentenced to three years and six months of probation on September 9, 2015, and the said judgment became final and conclusive on September 9, 2015, taking into account the fact that the instant crime was committed, there is a need to strictly punish the Defendant.

However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, that the victim agreed with the victim (the victim does not want the punishment against the defendant), that it is a contingent crime, that there is no criminal conviction and no criminal conviction, that the period of the suspension of execution has expired, that is, the degree of damage, circumstances of the crime, degree of the crime, and the records of the crime, etc., the sentence is ordered as ordered.

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