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(영문) 대구지방법원 안동지원 2016.03.29 2016고단44

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around July 17, 2015, the Defendant used violence to the victim C (V, 51 years of age) who was a person who was on a legal basis and was living separately with the victim from the victim. The instant home protection case was forwarded to the Daegu Family Court on October 22, 2015, and was subject to a disposition of community service for 40 hours and protection observation for six months during the period of protection observation.

On February 5, 2016, the Defendant found the victim in Ansan-si D operated by the victim on February 18, 2016, and demanded that the victim comply with the judgment, but the victim should report “if the victim does not go.”

The term "the victim gets off the vehicle", and the victim gets off the floor in which the driver's seat of the vehicle is drawn up, and the victim gets off the head on the floor, and the victim gets off the floor, and suffered injury such as brain dust requiring approximately two weeks of treatment to the victim by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report on investigation (suspect's records of violent crimes);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing guidelines for each crime as indicated in the application of the sentencing guidelines [the types of decisions] violent crimes, general injury, and Type 1 (General Injury) [the person subject to special sentencing] is not subject to punishment [the area of recommendation and the scope of punishment] mitigated area, two months or more, or one year;

2. As to the crime of this case, the sentence of sentence is that the defendant inflicts an injury on the victim as a person who is a well-known person under law, and the crime is not exceptionally considered in light of the method and result of the crime;

However, considering the favorable circumstances such as the fact that the defendant and the victim have agreed smoothly, the fact that the defendant reflects the crime and is divided, and the defendant commits each of the crimes in this case.