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(영문) 대구지방법원 2017.04.13 2016고단6596

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 23, 2016, the Defendant: (a) around 17:30, at the closing office of “D” located in Yongcheon-si, Yongcheon-si; (b) at the victim E (61) working as the said security guard and the victim during telephone conversations, who was dissatisfied with the call of time, found the above terminal of the victim’s face at one time; (c) the victim’s face was flicked by hand; (d) the victim’s flicking of the victim’s face; and (e) the flicking of the victim’s face going beyond the floor, and caused the victim’s injury to the victim with the victim’s face flicking of the victim’s face going beyond the floor at several times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to each investigation report (related to attachment of a diagnosis report, relation to attachment of a suspect E's injury diagnosis report, relation to attachment of field photographs, confirmation of CCTV in the field, and attachment of images);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following factors favorable to the sentencing)

1. In cases where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of the recommended punishment] is the basic area (the period from April to one year and six months) (the period from January to one year), the punishment is not imposed (including the amount of special mitigation), or considerable damage is recovered from damage (including the amount of serious effort to recover damage), or serious injury (the type of 1 and 4);

2. Circumstances unfavorable to the decision of sentence: The nature of the crime that the defendant inflicts an injury upon the victim at the end of the minor vision is imminent. The degree of injury is also very favorable: The defendant leads to confession and reflects the crime. The victim first has an aspect of inducing the crime, and the victim does not want the punishment of the defendant by mutual consent with the victim. The sentencing conditions, such as the defendant's age, occupation, sex and environment, family relation, relationship with the victim, motive and circumstance of the crime, means and consequence of the crime, etc. shall be imposed.