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(영문) 대구지방법원 2017.02.03 2016고단5886

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 25, 2016, the Defendant: (a) around 01:00 on the street in front of the “D” in Suwon-si, Suwon-si, Suwon-si, on the ground that the victim E (22 years of age, South) and shoulder run against the victim; and (b) the Defendant was on drinking when the victim’s face part and the side part of the victim’s face were met.

As a result, the Defendant suffered bodily injury, such as cutting aggregates, which require approximately three weeks of treatment.

2. The Defendant damaged property at the above date and time, at the above place, the defect that the injured party, who was sake from the Defendant, tried to report on the 112 mobile phone, deducted the victim’s 6 mobile phone from the victim’s cell phone, and then laid the cell phone on the floor and broken down the sake of the cell phone.

Accordingly, the defendant damaged the mobile phone owned by the victim to be the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the suspect examination of the police against the defendant or F;

1. Statement of each police statement with respect to E and G;

1. Each description of injury diagnosis certificate, victim E's cell phone image output damaged by the suspect A, or application of video-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor, respectively;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the scope of the sum of the long-term amounts of two crimes);

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act ( considered as favorable sentencing conditions among the grounds for sentencing) include: (a) the Defendant committed each of the instant crimes despite having been subject to juvenile protective disposition several times; (b) the Defendant did not endeavor to recover from damage; (c) the degree of injury inflicted on the victim does not appear to be very severe; (d) the degree of damage inflicted on the victim appears not severe; (e) the Defendant was not subject to criminal punishment for the same crime; and (e) the Defendant was detained in the Daegu Juvenile Reformatory.