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(영문) 대구지방법원 김천지원 2013.12.12 2013고단1240

상해등

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

1. On May 1, 2013, the Defendant: (a) around 23:30 on May 1, 2013, Dokbook operated by the Victim C (AF) in Gumi-si B (AF) on the ground that the victim “I would have been under the influence of alcohol, so long as I would have been doing so, I would like to be “I would have been doing so,” and the victim expressed the victim’s desire to be “in the face of cry, I would like to see the victim’s head, knife the victim’s head, knife the victim’s head, and knife the victim’s head by hand.

Accordingly, the defendant assaulted the victim.

2. On May 3, 2013, around 22:10 on May 3, 2013, the Defendant: (a) expressed the victim’s desire to “I will see; (b) I will see that I will do not carry the victim’s head debt; and (c) will see the victim’s head debt on the table of the victim’s head debt on three occasions with his/her hand; and (d) the victim’s head was cut down by his/her hand.

As a result, the defendant, when considering the victim, committed the victim's salvine in detail requiring medical treatment for about three weeks, and there was no open address in the two fields.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the attachment of damaged parts and field photographs to the victim, the attachment of a medical certificate, the situation of reporting, withdrawal, etc.);

1. Relevant Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order [determination of a sentence] : In case of assault and bodily injury resulting from general injury: In case of assault and bodily injury: In case of general assault (the scope of recommending punishment ]: Basic area; the crime of assault in April to June 16: Basic area; and in case of multiple assaults in February to October 10 (the basis for multiple crimes 1/2 of the maximum limit of crimes No. 2) as a result of multiple concurrent crimes (the basis for multiple crimes : April to November 1.