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(영문) 대전지방법원 2017.04.13 2016고단3493

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

Reasons

Punishment of the crime

The Defendant heard the victim C (39 years) that the Defendant was not a member of the dynamics of the Defendant, who was not a member of the Defendant, and raised the victim’s complaint.

On September 26, 2016, around 21:10, the Defendant met the victim on the front side of the Daejeon-gu D Building, and discussed the above complaints. During a dispute, the Defendant was punished, he saw the victim’s flab, and flabed off the floor by putting the victim’s flab, and flabing the victim’s flab, and flabing the victim’s flab, and flabing the victim’s left flab on one hand.

As a result, the Defendant placed the victim with the left eyebrow, which requires treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. E statements;

1. As to the investigation report (as to theCCTV image analysis)

1. Three cases:

1. 112 A list of reported cases;

1. One CD;

1. Application of the Acts and subordinate statutes to photographs (such as photographs, etc. taken on the spot and on the suspect's part of damage), photographs (the photographs taken with the upper part of the C left eyebrow);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Procedure (Article 62(1) of the Criminal Act provides that a person who denies a part of the criminal facts, and the defendant has the power to be punished for violence-related crimes and crimes against the defendant may be punished against the defendant; however, the defendant has agreed with the victim; the defendant has no criminal history for the last ten years; the defendant has no criminal history for the last ten years; and the records of this case, such as the defendant's age, sex, environment, motive, means and consequence, circumstances before and after the crime, etc., and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court on general injury crimes, shall be selected by taking into account the following factors