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(영문) 대구지방법원 2018.07.26 2017고단5397

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 16, 2015, the Defendant was sentenced to eight months of imprisonment for special larceny, etc. at the Daegu District Court, and was released on December 24, 2015 in the Daegu Detention House on parole on the execution of the sentence, and the parole period expired on January 1, 2016.

[2] On April 5, 2017, around 00:30 on April 5, 2017, the Defendant reported that Ra and the victim S (35 years of age) were excluded from each other in front of Q-gun P, and that, as a matter of drinking, the victim S’s buckbucks that go beyond the victim S’s face at several times at several times, taken the victim T’s face of the victim T (35 years of age) who talked with the victim T (35 years of age) one time in drinking, followed the victim T’s bridge 28 days in drinking, followed the victim T’s buck, etc., which requires treatment for about 28 days to the victim, and if the victim T needs to receive treatment for about 14 days, the victim’s buck damage to the character of the buck and sprink, etc.

Summary of Evidence

1. Each protocol of suspect examination of the police against the S, T, or the accused;

1. A investigation report (related to the statement of the AR);

1. Each injury diagnosis letter;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the same type of force, criminal records, and confirmation of cases pending trial);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of final sentence due to the aggravation of multiple offenses for which no basic area ( April to one year and six months) (special sentencing person) exists in the category 1 and 2 of the recommended punishment [the scope of recommended punishment] according to the sentencing guidelines: April to February 2;

2. Circumstances unfavorable to the decision of sentence: the defendant has two or more criminal records of the same kind;

The defendant committed the crime of this case at the end of the minor vision without being aware of even though he was in a repeated crime due to the crime of this type, even though the degree of injury and the degree of injury are not less than that of the victims: The defendant committed the crime at the investigative agency.