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(영문) 대구지방법원 2013.03.15 2012고단6502

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 6, 2012, at around 03:30 on August 6, 2012, the Defendant reported that the victim D (the age of 21) who is a frane line was under the influence of alcohol and was engaged in the fating of his fat E in his fatt, and then went beyond the victim's face when the victim's face can be taken by drinking, cut back the body and head of the fate, cut off the victim's face by several times, and continued to cut the victim's face by his hand for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the protocol of interrogation of the accused by the prosecution;

1. Each police suspect interrogation protocol of E (including D statements);

1. Application of each police protocol to D and F

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the crime of this case constitutes general injury among the general injuries of violent crime groups, and the scope of the recommended sentence constitutes six months to two years of imprisonment.

In light of the fact that the defendant used excessive violence against the victim and caused 6 weeks of serious injury during the treatment period, in particular, the victim suffered severe pain by treating the inner part of the body as many times, and did not take appropriate measures for recovery of damage, etc., the defendant should be punished strictly.

However, in light of the following: (a) the Defendant led to a crime; (b) the Defendant’s confession and reflects; (c) the adult young young people with the age of twenty (20); (d) there is no economic ability; (b) family conditions; (c) the instant crime is an contingent crime that uses excessive violence in young blood season; and (d) the first offender is very serious.