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(영문) 대구지방법원 김천지원 2016.12.08 2016고단999

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

At around 22:20 on July 3, 2016, the Defendant: (a) distributed two strings and a scarbing scarbs that require approximately two weeks of treatment to the victim, on the ground that the “C” room for the Defendant’s operation, which is an employee, was dismissed, and that the victim D (the 19-year old) was found in the room and was scarbed in the room and was scarbed in the room; (b) the victim’s left knife at one time; and (c) the head knife knife knife knife knife knife knife knife knifs

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A photograph of damage, closure of the crime scene, and closure photograph;

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 community service order;

1. One month to seven years from the date of imprisonment with prison labor for a prison labor in law; and

2. Class 1 (General Bodily Inflicting) (Special Bodily Inflicting) mitigation element: Imprisonment with prison labor for a minor injury (Scope of recommending punishment) from February to one year ( mitigated area).

3. The sentence of imprisonment shall be imposed because it has already been punished twice as a crime of final and conclusive violence, and it does not constitute a crime by force against a female victim who is more female than the defendant.

However, there was a dispute for the reason that the victim does not properly clean the room operated by the defendant, and the circumstances leading to the crime are somewhat taken into account, such as the victim's sound, etc., and the victim's behavior interfered with business, etc., and recognized and reflected that there was no punishment exceeding the fine due to violent crimes, and recognized the mistake, etc., the execution of the sentence shall be suspended under the conditions of community service as a whole, by taking into account