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(영문) 대전지방법원 2016.07.25 2016고단1700

상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, at around 04:00 on May 21, 2016, in Daejeon-gu Daejeon-gu, Daejeon-gu, the Victim D (Min, 18 years of age) and the Defendant, hedging against the Defendant.

For the reason that he said that he said, approximately 10 times with the victim's buck, about 20 times with the head of drinking, and about 10 times with the victim's head.

Defendant continued to stay at the home of the victim.

While driving the Defendant's vehicle, approximately four times the part of the victim's nose with drinking, and about 10 times the part of the victim's face with the hand floor of the victim's house in the Dae-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and the victim's neck was cut one time by hand.

As a result, the Defendant abused the victim and inflicted bodily injury on the victim, such as a peltoma, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed in D;

1. A written diagnosis of injury;

1. Side photographs of an injury inflicted on the victim;

1. Application of Acts and subordinate statutes to the mobile phone text pictures sent by the victim;

1. There are extenuating circumstances, such as the reason for sentencing under Article 257(1) of the relevant Act and Article 257(1) of the Criminal Act regarding criminal facts and Article 257(1) of the Selection of Punishment Act (selected of imprisonment with prison labor) that the Defendant appears to have committed the instant crime, but on January 22, 2014, the Daejeon High Court sentenced the Defendant to a stay of execution for two years, due to a violation of the Punishment of Violence, etc. Act (Habitual Injury) at the Daejeon High Court on Punishment, etc., for a period of four years. This judgment became final and conclusive on January 30, 2014, and is currently under a stay of execution. The Defendant committed the instant crime of this case without being aware of it during the stay of execution, and the victim was deemed to have been seriously and mentally shock due to the instant crime, and there is no effort of the Defendant to recover damage to the victim, it is inevitable to punish the Defendant as a severe penalty for the Defendant.

In addition, the defendant's age, sex, environment, motive, means, results, and circumstances before and after the crime, etc.