(영문) 대구지방법원 2017.04.27 2017고단1556



A defendant shall be punished by imprisonment for not more than ten months.

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


Punishment of the crime

On February 22, 2017, at around 17:10, the Defendant deemed the victim D (57 years) and the victim E (64 years of age) to drink in front of the Daegu Dong-gu apartment complex, and took a time room to the effect that “the victim E (57 years of age) flows out of the road,” and her face of the victim E who was seated on the hand floor at two occasions, was cut back, and then her side was cut back. On this basis, the Defendant saw the victim’s flabbbbbbing around 17:10, and then she saw the victim’s left flabing to the victim E with approximately five weeks of treatment, such as an injury to the victim, such as an injury to the pelus and the pelle wall, etc., which requires the victim’s treatment, and an injury to the victim during the three-day period of treatment, such as the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to a report on investigation (the second diagnosis document and the attachment of body photographs);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act are crimes Nos. 1 and 2 [the scope of recommendation] general injury [the scope of punishment] general injury [the scope of two months to one year] [the person who is specially mitigated] according to the aggravation of punishment not to be punished: February to one year and six months [the decision of sentence] despite the fact that the defendant had been punished several times for the same kind of violent crime, the defendant repeated the crime of this case, and the victim's injury is serious.

However, in full view of the favorable circumstances such as the defendant's acknowledgement of the crime of this case and reflects the mistake, the victims and the smooth agreement, and all other factors of sentencing, including the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment as ordered shall be determined.