beta
(영문) 대구지방법원 2015.02.05 2014고단3440

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 4, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of injury at the Daegu District Court, and the said judgment became final and conclusive on September 12, 2014.

around 05:00 on January 3, 2014, the Defendant: (a) sent the victim E (50 years of age) who drinks alcohol at a restaurant to the outside of the restaurant on the ground that the victim E (50 years of age) would drink together; (b) followed the victim’s shoulder, she took a part in the part, such as a clothes, boom, and bridge, following the victim’s appearance, and she took part in the part.

As a result, the defendant suffered an injury that needs to be treated for about 4 weeks, such as the right 6th and 8th.

The defendant and the victim F (math, 53 years old) live in adjoining areas of "2014 Highest 5764".

On July 18, 2014, at around 21:40, the Defendant suffered injury, such as the heat on the part of the victim, where the victim suffered from the victim's right side of the victim, by making a serious compromise with the victim's singing in the house, and by finding the victim again while under the influence of alcohol, while the victim was under the influence of alcohol, on the part of the victim, when the victim's second finger in the right side of the victim's second finger, and the victim suffered from the injury, such as the heat on the part of the victim, where the number of treatment days cannot be known, by making it difficult for the victim to see.

Summary of Evidence

"Cynamology"

1. Reference letters, investigative reports (report attached to judgments, etc.), and two copies of written judgments "2014 order 3440";

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written opinion and a detailed statement of medical benefits "2014 high-end 5764";

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to damaged photographs and medical records;

1. Article 257 (1) of the Criminal Act as to the facts constituting the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.