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(영문) 대구지방법원 포항지원 2016.06.02 2016고단232

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 November 10, 2015, the Defendant, at around 01:50, 01: (a) 01:50 on the front day of the C restaurant located in the north-gu, North-gu, the Defendant took a bath to the victim D (the age of 52) on the ground that the Defendant was able to hear the Defendant; (b) around 30 times the face of the victim by her hand; and (c) thereby, she frighted the victim on about 6 occasions due to the outbreak of the victim’s boat going beyond the floor, and she sawd the victim with approximately 2-day eye, string around the snow, and sprinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

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

1. Relevant provisions of the Criminal Act, 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. Consideration of protection and observation, and the reason for sentencing of Article 62-2 of the Social Service Order Act / [the scope of recommendation] general injury [the grounds for sentencing of Article 62-2 of the same Act / [the scope of recommendation] general injury [the person who has been sentenced to special mitigation] / [the person who has been sentenced to punishment / [the person who has been sentenced to special mitigation] / [the sentence] : The injury was inflicted upon a female victim by taking the face and distribution, etc. of his/her hand and hand over several times; the injury was not agreed with the victim; the injury was not paid; the victim was committed before and after the sentence was sentenced; the victim was provided with the beginning of the crime, such as making a payment to the defendant at the time of the sentence; the victim had been sentenced to punishment for about 30 years before and after the sentence was committed; the victim did not have any record of exceeding the amount of fine; and there was any violation of any error in the above circumstances, other than each of the following circumstances, the defendant's age, sex, and circumstances before and after the crime.