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(영문) 대구지방법원 김천지원 2019.05.01 2019고단48

상해

Text

A defendant shall be punished by imprisonment for four 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

At around 01:00 on December 15, 2018, the Defendant expressed that, within the Cju male toilet located in Gumi-si B, the victim D (25 years of age) expressed that, “I am feasia feasia feasia feasia feasia fasia fasia fasia fasia fasia, and I am fasia fasia fasia fasia fasia fasia fasia fasia fasia fasia fasia fasia fasia fasia.”

As a result, the defendant suffered from the victim about two weeks of treatment, such as the right snow pool and the snow around the snow.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the probation and community service order;

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

2. The scope of recommendations according to the sentencing guidelines [the decision of types] the general injury [the person who has a special injury] - The element of mitigation: Insignificant injury (the category 1 and 4): the scope of punishment not to be imposed (the recommended area and the scope of recommendation): the special mitigation area; the range of imprisonment with labor for one month or ten months (the general person of imprisonment] (the grounds for suspension of execution] - The major reasons for suspension of execution: Insignificant injury, non-conformity with punishment (including serious efforts for recovery of damage): The same kind of previous offense (the fine of not more than five years) - The grounds for general pride: Social relation clear.

3. Determination of sentence: In addition to the above sentencing factors for four months of imprisonment, two years of suspended sentence, juvenile protective disposition records and many criminal offenders of the same kind, the occurrence of the instant case (in the case of female-child relationship of the defendant), the relationship between the defendant and the victim (the relationship between the defendant and the victim), the age of the defendant, etc., shall be also considered.