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(영문) 대구지방법원 2018.05.24 2017고단4990

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is the head of the security team of the “C”.

On December 3, 2016, at around 03:50, the Defendant informed the victim E (E, 29 years of age, U.S. nationality) to “the prohibition of entry into and departure from the club” and notified the victim E (E, 29 years of age, and U.S. nationality) to “the prohibition of entry into and departure from the club,” but requested the victim to continuously bring into the club, and ordered the victim to take a cell phone of the phrase “the prohibition of entry into and departure from the club,” and ordered the security personnel F and G to bring the damaged person out of the entrance of the club.

Nevertheless, when the victim continued to provide medical treatment for about four weeks, the defendant suffered bodily injury, such as cutting the body of the victim's face, cutting the body of the body of the body of the victim, cutting the body of the body of the body of the victim, cutting the body of the body of the body of the body of the victim, and cutting the body of the body of the body of the body of the victim into the body of the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the police for E;

1. A report on internal investigation (related to attaching on-site photographs), investigation report (report on the attachment of suspect F mobile data and results of analysis);

1. Application of Acts and subordinate statutes to medical certificates and recording notes;

1. Relevant 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The extent of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury [the scope of the recommended punishment] general injury (six months to two years)] (the victim's injury (the victim's injury) caused by the instant crime is more serious. The victim's injury is more severe than the victim's injury. The circumstances after the instant crime are not good, such as the Defendant actively attempted to conceal the crime, including the deletion of CCTV screen, etc.: The Defendant led to the confession of the crime and reflects it. The victim is also liable for the occurrence of the crime. The victim is punished by the Defendant by agreement with the victim.