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(영문) 대구지방법원 김천지원 2017.01.25 2016고단283
특수상해
Text

A defendant shall be punished by imprisonment for six 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

At around 1:00 on February 8, 2016, the Defendant complained against the victim D (59) who was living together at the Defendant’s house, who sought to continue drinking, and brought a bodily injury, such as an injury, such as an external wound, with an open upper part of the victim’s left side of the room, within the chest of about 4 weeks of treatment, which is a dangerous object located on the room (16cm in length and 6.5cm in length).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Request for cooperation in investigation (request for issuance of a medical certificate);

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of tools to commit a crime, and attaching of site photographs of a case);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the nature of the crime in this case is not weak in light of the content and risk of the crime in this case, and even before the crime in this case was committed, the defendant committed the crime in this case, which is the same kind of violent crime, even though he had the record of criminal punishment three times prior to the crime in this case, and the defendant committed the crime in this case, in depth, and the defendant committed the crime in this case, and the defendant committed the crime in this case. The degree of injury is relatively minor, and the degree of injury is relatively minor, currently living together with the victim, it is favorable to the defendant, as well as other circumstances favorable to the defendant, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc.

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