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(영문) 대구지방법원 김천지원 2018.11.29 2018고단292

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 28, 2018, the Defendant, at E-cafeteria located in Kimcheon-si D around 21:10 on February 28, 2018, engaged in a dispute with the victim C, etc. while making a friendship with the victim C, and caused an injury to the victim, such as the complete escape of the infant in need of about five weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness C’s legal statement (a witness has credibility in his/her statement in light of the fact that the injured person has consistently made a statement consistent with the facts constituting an offense in the investigative agency and the court, that a medical certificate consistent with the statement has been issued and the injured person has actually received medical treatment);

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (informing a victim with a diagnosis report) and diagnosis reports;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 (in cases where the scope of liability for compensation is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation;

1. Type 1 (General Bodily Injury) basic area (from April to June), special aggravated factors (serious injury)/special mitigated factors (unlimited to punishment) in the scope of punishment for the recommendation of sentencing criteria;

2. Circumstances disadvantageous to the determination of sentence: The punishment shall be determined as ordered in consideration of various sentencing conditions shown in the trial process, such as the fact that the attitude of reflect is insufficient, the degree of injury is not minor, the fact that it is a single contingent crime, the payment of KRW 1496,140,00 by the National Health Insurance Corporation for the medical expenses of the victim, the fact that the victim has paid KRW 25,000,000 to the victim after the closure of pleadings, and the fact that the victim has agreed to pay KRW 25,00,000 to the victim.