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(영문) 대구지방법원 2018.09.06 2018고단1576

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 20, 2018, at around 20:40, the Defendant took a bath in front of the E shop located in Daegu-gu Dong-gu, Daegu-gu, which is operated by the Victim C (59), with the victim’s wife and snow view screen attached. The Defendant took two times of the victim’s face face face, and the victim took two times of the victim’s restraint, and suffered injury, such as “the face impairment, strawing, etc.,” which requires approximately 14 days of treatment.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of each CCTV CD-related statute;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Minor injury (1, 4 types) in the mitigated area (2 months to 1 year) (2 months to 1 year) of the reduced area, the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) general injury;

2. Circumstances disadvantageous to the decision of sentence: The defendant, first of all, takes the wife of the victim, and then takes an injury upon him/her to do so, and the nature of the crime is not weak in light of the circumstances leading to the crime. Nevertheless, the defendant is unable to take advantage of his/her criminal records on several occasions;

In addition, even though there has been a history of punishment for the same crime committed against the same victim, the degree of injury is not serious: The victim also has a certain aspect of contribution to the occurrence of the instant crime. Since then, the Defendant does not repeat the crime. There is no history of punishment exceeding a fine that the Defendant has been punished, taking into account all other circumstances that are conditions for sentencing, such as the Defendant’s age, occupation, sex and environment, relationship with the victim, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.