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(영문) 대구지방법원 서부지원 2017.09.14 2017고단665

상해

Text

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

At around 22:00 on December 7, 2016, the Defendant, at “C” located in Seogu-gu, Daegu-gu, Daegu-gu, about 22:00, experienced the victim D (at the age of 46) who was living together with the Defendant, who was dissatisfied with the Defendant’s disregarding himself, and had the face and hair of the victim who was divingd, and had his hair taken around about 4 weeks in drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D and written statements of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Injury (In general) Nos. 1 (In April-1 and June) basic area (special mitigation (special mitigation) / 1)] The extent of violence committed by the defendant and the degree of injury inflicted by the victim are considerably heavy, which are unfavorable to the defendant, and the fact that there is a contingent crime, an agreement with the victim that there is no criminal history exceeding the fine, and that there is no criminal history against the defendant is favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.