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(영문) 대구지방법원 안동지원 2017.11.17 2017고단310

상해

Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor due to an injury, etc. at the Seoul Eastern District Court on April 14, 2016, and the judgment became final and conclusive on April 22, 2016, and is currently under suspended sentence.

[2] On April 16, 2017, the Defendant: (a) around 19:50 on April 16, 2017, at the Dong-dong Dong-dong Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (26) changed the victim’s face from this ward, and brought about a dispute with the victim, on three occasions, on the ground that the victim is able to face a fake horse-dong-dong-dong-dong-dong-dong-dong,

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. Each statement of C, D, E, and F;

1. A working report on workers;

1. Each investigation report and accompanying materials;

1. The records of crimes as indicated: Investigation reports (resident inquiries and criminal history inquiries) and accompanying materials, and the application of Acts and subordinate statutes to confirm the records of crimes;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 257 (1) of the Criminal Act for the choice of criminal facts;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Violence, general injury, and type 1 (general injury);

(b) Determination of the recommended territory: Basic territory;

(c) Scope of recommendations: Imprisonment with prison labor for a period of four months to one year and six months;

2. There are many kinds of criminal records including the defendant who was sentenced to imprisonment with prison labor, and the crime of this case was committed during the detention of the prison of a fine due to the injury committed by the defendant after being sentenced to a suspended sentence of imprisonment with prison labor, as stated in its reasoning.

As such, it is judged that active correction is necessary in a state of isolation with society for a certain period of time for the defendant who has complied with punishment.

In addition, the defendant did not receive a letter from the injured party and restored the damage.