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(영문) 대구지방법원 2019.01.29 2018고단5256

상해

Text

Defendant

A shall be punished by imprisonment for eight 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

Defendant

A은 2018. 9. 26. 05:10경 대구 중구 C에 있는 D 앞에서, 피해자 E(27세), 피해자 F(27세), 피해자 G(28세)과 시비를 하던 중 화가 나, 피해자 E에게 가운데 손가락으로 욕을 하고 난 뒤 주먹으로 피해자의 왼쪽 얼굴을 1회 때리고, 피해자 F이 만류하자 화가 나, 피해자 F의 얼굴을 주먹으로 때리고, 손으로 피해자의 머리카락을 붙잡은 채 주먹으로 얼굴부위를 3회 때리고, 무릎으로 얼굴부위를 2회 때리고, 피해자 G의 목 울대부위를 손바닥으로 1회 밀치고, 왼손으로 피해자의 뒷목을 붙잡고 오른쪽 팔꿈치로 피해자의 왼쪽 눈 부위를 1회 때리고, 무릎으로 피해자의 왼쪽 눈 부위를 2회 찼다.

As a result, Defendant A suffered damage to the victim E of the face requiring a medical treatment for about one week, and suffered injury to the victim F of the cromatic dump, etc. requiring a medical treatment for about two weeks, and suffered injury to the victim G of the gromatic dump, etc. requiring a medical treatment for about eight weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to F, G, and E;

1. Three copies of a medical certificate;

1. Application of Acts and subordinate statutes to photograph by capturing a course;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. On the grounds of sentencing in Article 62-2 of the Criminal Act for probation and community service order, the first-class crime [the scope of recommendation] is subject to punishment (the scope of recommendation] in the mitigated area (the general injury in February to October), the mitigated area (including the advanced efforts for recovery of damage), the non-prosecution of punishment (including the advanced efforts for recovery of damage) or considerable partial recovery from damage, and the second-class crime [the scope of recommendation] in the mitigated area (the range of general injury in February to October), the mitigated area (the scope of recommendation), the mitigated area (the special mitigation), or the damaged area (including the advanced efforts for recovery of damage).