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(영문) 대구지방법원 서부지원 2019.03.08 2018고단1559

상해

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On April 17, 2018, around 20:05, the Defendant drinking alcohol at the “Cju” store located in Daegu Seo-gu B, Daegu-gu, 2018. Around 20:05, the victim D, who was engaged in mixed drinking in the side table b, flicked with his own daily behaviors, and flicked the victim’s face by drinking blurging the victim’s face, and blurged the victim’s face by drinking blurging the victim’s face for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Written petition of D;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of a medical certificate for injury) and a report on internal investigation (Attachment ofCCTV video data);

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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

1. In light of the following: (a) Defendant for reasons of sentencing under Article 62-2 of the Criminal Act on probation and community service order is capable of having the same military force; and (b) in particular, considering the fact that Defendant committed the instant crime even though he/she was sentenced to two years of imprisonment with prison labor for an injury to his/her father or vice branch of the Daegu District Court on February 2, 2017, and the judgment was finalized on February 10, 2017, and was still under the probation period,

However, in full view of all the circumstances, such as the fact that the defendant recognized his mistake, did not repeat the crime, and complained against it, the defendant's agreement with the victim (the victim wants to punish the defendant without wanting to punish the defendant), the above probation period is too excessive, and the degree of damage, background of the crime, degree of the crime, criminal records, criminal records, prosecutor's life (one year and six months of imprisonment) is determined as above.