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(영문) 대구지방법원 2016.03.04 2015고단5125

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2015, at around 19:00, the Defendant: (a) reported the victim C ( South, 50 years of age) who put up his vehicle in front of the office of Yansan-dong located in Yongcheon-si; (b) reported the victim C ( South, 50 years of age); (c) taken the victim's face several times in drinking; and (d) taken the victim's face and chest, etc. into several times in a place, the Defendant inflicted an injury on the victim, who is in need of treatment for up to 28 days, on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report internal investigation (on-site photographs), investigation reports (Submission of diagnosis reports), diagnosis reports on injuries, and investigation reports (verification of video recording of CCTVs controlling parking and stopping);

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] and the reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] does not exist in the basic area (4 months to one year and six months) [the person subject to special sentencing] [the decision of sentencing] [the defendant committed the instant crime even though the defendant had several records of punishment for the same kind of crime.

Without any particular reason, the victim committed assault and harming the victim, and the degree of injury is relatively heavy.

However, considering the fact that the defendant's mistake is divided, the same kind of crime has no record of punishment heavier than the fine, etc., which is favorable to the defendant, and considering the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., the sentence like the order shall be imposed by considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc.