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(영문) 대구지방법원 2020.11.19 2020고단3834

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 14, 2020, around 02:55, the Defendant: (a) around the “C” located in Junggugu Daegu-gu, Daegu-gu; (b) on the ground that the victim D (Nam and 26 years of age) brought about the Defendant’s female ties, and (c) caused bodily injury to the Defendant, such as the flading of the part of the said flag, which requires approximately six weeks of treatment on the left face of the victim on one occasion by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (in the event of a site and an investigation into the statements of related persons), a report on internal investigation (in the presence of a certificate of compulsory publication) (in the presence of a copy of the record) (CCTV)-CCTV photographs, and CCTV CDs;

1. Application of Acts and subordinate statutes to report on investigation (whether agreement is reached and attaching a written diagnosis of injury);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.

3. Determination of sentence: Six months of imprisonment, the degree of violence inflicted by the defendant for a year of suspended sentence, and the degree of injury inflicted by the victim shall be more severe;

However, the defendant has no record of being subject to criminal punishment, except for the suspension of indictment once for the crime of injury, and is trying to do his best to achieve a smooth agreement with the victim.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as ordered.