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(영문) 대구지방법원 안동지원 2017.07.21 2016고단1008
특수상해
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final;

Reasons

Punishment of the crime

On September 13, 2016, the defendant was pointed out that the victim C (Woo, 51 years of age) located in B was not able to play a role as a Do governor from the injured party at the time of permanent residence around 01:30 on September 13, 2016. In addition, the defendant tried to go to the face of the injured party, which is a dangerous object at the above main point, and put about about two weeks on the part of the injured party, and put about an internal autopsy and a heat on the right side in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. C’s statement;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case is not good in light of its circumstances, methods, risk, etc.

This is an unfavorable circumstance to the defendant.

The defendant is the first offender, and all of the crimes of this case are led to confession and reflect.

The degree of injury is not serious.

The defendant paid 1.5 million won to the victim under the name of the criminal agreement, and the victim does not want to punish the defendant.

This is the circumstances favorable to the defendant.

In addition, by examining all the circumstances indicated in the arguments and records of the instant case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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