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(영문) 대구지방법원 김천지원 2015.03.05 2014고단1490

상해

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On December 24, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for an injury in the Daegu District Court Kimcheon Branch on January 1, 2015, and the said judgment became final and conclusive on January 1, 2015.

On May 19, 2014, the Defendant: (a) around 21:50 on the Kimcheon-dong, Kimcheon-si, Kimcheon-si, the Defendant: (b) around April 20, 2014, the victim C (the age of 59) expressed the Defendant’s personal information to an acting driver who assaulted around April 20, 2014 to inform the Defendant of his personal information; (c) expressed the Defendant’s hinging to “this hing, the same hing, and the same hing,” and divided the hing tobacco into the Defendant’s arms, and tried to support the Defendant’s arms at the same place at around 22:0 on the same day; and (d) expressed the Defendant’s hing to the same hing to the victim at around 5-6 times with the part of the hing part of the victim’s hing to the Defendant, thereby inflicting an injury on the stroke and tension for about 14

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C and D;

1. A written diagnosis of injury;

1. Previous records before ruling: Criminal history records, probationary records, investigation reports (verification of the same kind of power), and application of the statutes on the inspection of a Konet case;

1. Article 257(1) of the Criminal Act applicable to criminal facts and Article 257(1) and Article 39(1) of the Criminal Act does not choose a sentence because of exemption from punishment. 1. The punishment is not to be chosen in consideration of the following: (a) the latter part of Article 37 and Article 39(1) of the Criminal Act that treats concurrent crimes as concurrent crimes for the last ten years (the fact that there are many criminal records of the same kind; (b) there have been no other same kind of power than the criminal records in the judgment; (c) the crime under the influence of alcohol has been committed; (d) the court, after the crime was committed under the influence of alcohol, made the confession of the crime in a net order; and (e) the victim does not want punishment by mutual consent with the victim; (d) the flash and fladity of the child and support for the child; and (e)