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(영문) 대구지방법원 경주지원 2017.02.01 2016고단656

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 23, 2016, the Defendant: (a) around 02:00, around the “D cafeteria” operated by the Victim C (42 Do) of the Defendant, on June 23, 2016, brought the Defendant’s face to a non-Korean middle school playground 35-12, 2:00, after having come to the Defendant’s face, after having come to the Defendant’s face as a friendly victim and the fluencing victim.

At around 02:10 on the same day, the Defendant, while fighting with the victim's body who has found the Defendant in his or her place at the middle school of the same non-state middle school, was fighting with one another, and the victim's face was satisfy and went beyond the floor.

As a result, the defendant suffered injury to the victim, such as inside the left-hand side of the victim requiring treatment for about 42 days, and the structural frame of the floor failure.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A medical certificate of injury (C);

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs damaged by a suspected person);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of the sentencing guidelines] general injury (the scope of the recommended sentence], the basic area (from April to one year and six months) (the person who is specially mitigated or aggravated) of the basic area (the person who is not subject to special mitigation or increase]/the serious injury (the types of 1 and 4);

2. Determination of sentence: (a) the fact that the defendant, who is likely to have inflicted a relatively heavy injury on the victim, committed a relatively serious injury to the victim; (b) the defendant reflects the defendant; (c) the fact that the defendant agreed with the victim, which caused the injury to the victim in the process of wning up with the victim; and (d) other factors of sentencing as indicated in the trial of this case, shall be determined by taking into account all