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(영문) 대전지방법원 2021.01.28 2020고단4742

상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2020, the Defendant: (a) committed an injury in Section 1 (L1) on the left side of the spinal body of the victim, which requires approximately six weeks of medical treatment, by assaulting the victim, on the ground that the victim D (son, 49 years of age) was under the influence of alcohol and the Defendant’s daily driving of the Defendant, thereby putting the victim into the floor; (b) putting the victim’s chest back to the floor; and (c) brea the victim’s chest back to the left side of the spinal body, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police against the defendant, which contains some statements made in D, E, or F in the protocol concerning the examination of the suspect;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to each investigation report (related to the installation of DNA CCTV) on a witness’s photograph, a copy of the DNA diagnostic record, a CD (related to telephone conversations at a instant singing room), a internal investigation report (related to telephone conversations), a criminal investigation report (related to field CCTV), and a criminal investigation report (related to telephone conversations at a instant seat), and each investigation report (related to telephone conversations at a instant seat), respectively;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [type 1] general injury [type 1] general injury [including special sentencing factors] mitigation factors: Where the penalty is not imposed (including serious efforts to recover damage) or considerable damage has been recovered, the area of mitigation [the territory of recommendation and the scope of the recommended punishment], February through October;

2. The criminal defendant who has rendered a sentence of sentence shall be bad in the nature of the crime by inflicting an injury upon him/her due to any of the following influencesing or taking by the victim;

In particular, even though the defendant has been punished several times due to the same kind of crime, it is highly likely that the defendant will be subject to punishment without being able to do so during the suspension period of the execution of the same crime.

Nevertheless, the circumstances after the crime are not good, such as denying the crime in the course of investigation.

(b).