beta
(영문) 대구지방법원 2017.06.22 2017고단2294

상해등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. 상해 피고인은 2017. 4. 3. 22:45 경 대구 수성구 무학로 112 두 산주민센터 앞 노상에서, 동거 녀인 피해자 C( 여, 23세) 가 술자리에서 피고인의 친구에게 안주를 먹여준 것 때문에 화가 나 주먹으로 피해자 C의 얼굴 부위를 1회 때리고 몸을 밀쳐 바닥에 넘어뜨리고 발로 얼굴과 몸을 수회 걷어찼다.

The defendant continued to discover that the defendant assaults assaulted the victim and to protect the victim C, and the victim D (the 61-year-old age), who was faced by the victim C, did not wn the victim's wn at the wn of the victim C, and the victim D (the 61-year-old-old-old-old-old-old-in-out-out-out-out-out-out-out-out-out-out-out-out-out

As a result, the Defendant inflicted injury on the victim C, such as an influoral injury on the part of the mash in the number of days of treatment, and inflicted injury on the victim D, such as a rash in which there is no influoral body in two open fields where treatment is required for approximately three weeks.

2. On April 3, 2017, the Defendant: (a) caused damage to public goods in F District in Daegu Suwon-gu E on April 23, 2017; (b) caused the disturbance to go against police officers; and (c) caused the disturbance to go from the police officers, and (d) caused the Defendant to break away the parts of the tea plastic plate, which is a public object building at the market price of 48,000 won.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, G, H, and D;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 141 (1) of the Criminal Act (the point of damage to goods for public use) concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Scope of the recommended punishment according to the sentencing guidelines - The range of crimes (finites) - General injury (finites) shall be the mitigated area (b in February to one year).