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(영문) 대구지방법원 2019.09.19 2019고단992

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On December 2, 2018, at around 1:10, the Defendant has a dispute with the victim E (30 years of age) who is friendly in the front of the D Association in Daegu Northern-gu C.

When the face part of the victim can be considered as drinking and growth, the victim caused damage to two constant mixed water accompanied by continuous mixed water, which requires approximately 12 weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made to F and B by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The reason for sentencing under Article 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Compensation Order, is that the Defendant, who was sentenced to a suspended sentence of imprisonment for the crime of interference with business, inflicted an injury upon the victim in the course of the suspended sentence, and the injury of the victim was serious, while the launch of fighting began, the crime is not good and more responsible, such as the degree and result of assault committed by the victim.

However, the sentencing conditions specified in the records of this case, such as the Defendant’s age, character and conduct, family relationship, home environment, and conditions before and after the crime, shall be determined by taking into consideration the following factors: (a) the Defendant’s recognition of the crime, the victim’s beginning of fighting, and the Defendant’s smooth agreement with the victim.