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(영문) 대구지방법원 의성지원 2017.09.21 2017고단245

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 13, 2017, at around 18:00, the Defendant suffered a dispute between the victim C (49 tax) and the person who was in possession of the Dong fee in March 2, 2017, at around 18:0, in order to calculate the amount of provisional custody, the Defendant got the victim to have his/her own formula ( approximately 1.1cm in diameter, approximately 6cm in height) on the part of the damaged person's co-section, and suffered an injury, such as the removal of the inside wall and the inner wall that need to be treated for about 6 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of each Act and subordinate statute attached to a diagnosis report (CC diagnosis report) and a report on investigation (Evidence photographs);

1. In light of the pertinent legal provisions on criminal facts and the reasons for sentencing of Article 257(1) of the Criminal Act (Selection of Imprisonment) [the scope of recommendation] general injury [the scope of punishment] [the person subject to special mitigation] in the mitigation area (two months to one year], and the imprisonment in April], the crime of this case was relatively serious injury to the victim, such as the victim's awareness of the original form in the prison, and the crime of this case was committed by the defendant who was a person who was a prisoner of the same kind in the prison, and the nature of the crime was bad, and there was a criminal record related to violence against many defendants, it is inevitable to sentence the defendant as to the crime of this case.

However, in consideration of all kinds of sentencing conditions, such as the fact that the defendant recognized his/her mistake and reflects, the fact that the victim does not want the punishment of the defendant, and the age, sex, environment, and circumstances leading to the crime, etc., the punishment as ordered shall be determined.