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(영문) 대구지방법원 서부지원 2019.06.27 2018고단1223

상해

Text

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

Reasons

Punishment of the crime

The defendant is suffering from alcohol addiction, and the victim B (the age of 65) is hospitalized in the same hospital as the hospital due to depression.

On March 25, 2018, around 06:10 on March 25, 2018, the Defendant: (a) entered the hospital D heading room in Daegu-gu, Daegu-gu, the Defendant: (b) stated that the Defendant her drinking alcohol on the day before the night, she flicked the Defendant’s chest, her flick, and said that the upper victim her flicked the Defendant’s chest and her her flick, and her flick, her flick, her flick, her flick, and her flick at the victim’s right side.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Photographs taken of parts of the body of the victim;

1. Application of Acts and subordinate statutes of the Investigation Report (No. 6,7,8)

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

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 and the scope of recommendation [decision of types] general injury [Type 1] and there is no general injury [special person] [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, the imprisonment for April through January 16 [no person who is a general person] [no ground for suspension of execution of sentence].

3. Determination of sentence: The defendant has been punished several times for violent crimes, including the same kind of crime, and the risk of repeating the crime of this case is not high enough during the suspension period, and the victim has not received a written application from the victim until now because he/she wanted the punishment of the defendant.