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(영문) 대구지방법원 포항지원 2016.10.13 2016고단457

상해

Text

A defendant shall be punished by imprisonment for four 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 03:00 on January 20, 2016, the Defendant: (a) was driven by the Defendant, parked in the lower part of 101 Bosung-ro 128, a Bosung-ro 128, which was driven by the Defendant, sent letters with other male and female, and sent the victim’s face several times due to drinking, and (b) took the victim’s head head, who was seated in the lower part of the vehicle into the lower part of the vehicle over several times; and (c) took the victim’s body out of the bottom of the vehicle into the bottom of the vehicle, and took the victim’s body out of the bottom of the vehicle, making it possible for the Defendant to take the victim’s body in the direction of drinking and launching the vehicle into several times.

The Defendant continued to drive a vehicle over three occasions and caused the victim's body that had been in excess of their return to Korea, and caused about 42-day medical treatment to the victim, such as the second left-hand balance of the second left-hand balance, which requires treatment for about 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. A victim's photograph;

1. Application of Acts and subordinate statutes to investigation reports (to attachCCTV data);

1. Relevant laws concerning criminal facts, Article 257 (1) of the Criminal Act that choose a penalty, and the choice of imprisonment;

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

1. Probation, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] the basic area (including special mitigation between four months of imprisonment and one year and six months of imprisonment), which is the basic area (including a person subject to special mitigation), / Involuntary injury (including a serious effort to recover damage) / [Pronouncement decision] which is disadvantageous: The fact that a victim sent his/her letters to another male and made a telephone call on several occasions, causing serious harm by influencing his/her places, and causing serious violence, and that the defendant committed the crime of this case in favor of the fact that he/she committed the crime of this case in the period of probation after receiving a protective disposition of suspension of indictment twice due to violence: A mutual agreement shall be paid to the victim.