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(영문) 대구지방법원 2016.10.20 2016고단3775

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

Around 21:00 on July 24, 2016, the Defendant: (a) expressed that the victim B (the age of 60) who intends to make a bypass while driving a vehicle at a four-dimensional distance in the Daegu Dong-gu, Daegu-gu, 4 (Seoul-dong) (hereinafter referred to as “Seoul-gu”); (b) expressed that the victim would be bad for the victim to take a light at the vehicle behind the Defendant’s vehicle, and opened the victim’s face at the vehicle on the ground that it would be bad for the victim to take a light from the vehicle behind the Defendant’s vehicle; (c) opened the victim’s face at the vehicle’s hand; and (d) opened the victim’s face at one time due to the defect in which the victim tried to remove the Defendant’s hand from the vehicle; and (d) continued to take the victim’s face at one time in the front of the victim’s face, and then the victim’s face back to the victim’s face, such as the victim’s body and the victim’s body back back to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of a written diagnosis of injury to a victim B 60 years of age);

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] general injury (the scope of general injury) in the mitigated area (2-1 year) (2-1 year)] (the decision of sentence] disadvantageous circumstances: Crimes such as exercising violence against the victim solely on the ground that the defendant committed a light of his or her face.

The defendant has a variety of criminal records of the same kind of crime.

The defendant is against the principle of good faith.

I agreed with the victim only smoothly.

In addition, the sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.