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(영문) 대구지방법원 2016.11.17 2016고단4814

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 13, 2016, at around 02:20 on March 13, 2016, the Defendant: (a) around the toilet of the “C” restaurant located in Busan Metropolitan City B, the Defendant was at the time of facing the victim D(27 years of age) and the shoulder; (b) taken the face and course of the victim E (26 years of age) who refrains from drinking and fishing, and taken the face and course of the victim E (26 years of age) who restrains it.

As a result, the Defendant committed multiple types of diagnosis, etc. to the victim D, which require approximately three weeks of treatment, and the victim E needs to receive approximately three weeks of treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or F;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. The scope of the final sentence due to the mitigation area (two to one year) of category I (in general) (in case of special mitigation) (in case of general injury), the mitigation area (in case of two to one year): February 1 and six (in case of the decision of sentence] of February to June (in case of the decision of sentence), the defendant's recognition of the instant crime and reflects the mistake, the victims and mutual agreement are contingent crimes in the process of accident, and all other favorable circumstances such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, circumstances after the crime, etc., and all other conditions of the sentence as stated in the order shall be comprehensively considered.