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(영문) 대구지방법원 2019.10.29 2019고단4064

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 7, 2016, the Defendant was sentenced to ten months of imprisonment with labor for the crime of interference with business, etc. at the Daegu District Court on June 1, 2017, and one year of imprisonment with labor at the Daegu District Court on May 29, 2018, and the execution of the sentence was terminated in the smuggling Detention House on May 29, 2018. On June 5, 2019, the Defendant was detained in the Daegu District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence, etc.

【Criminal Facts】

On April 27, 2019, the Defendant: (a) around 21:15, at a “C” restaurant located in Junggugu Daegu-gu, Daegu-gu, on the ground that the victim D (the age of 55) who provided meals to customers at that restaurant, “I am hicking customers, so I am hicking, so I am hicking, I am hick,” and (b) was hicking his head debt with his head debt by her hand, and was hicking his head face several times in drinking, and continuously hicking his mother face one time with his hand, and hicking hick with his hand, and hicking hick, etc. with his hand, hicking the victim’s finger part with his hand, so that the victim can not know about the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and E;

1. Investigation report (to attach images of the upper part of the victim, such as hand, etc. and photographs of the damaged spawn at the time of appearance);

1. Criminal records as stated in the judgment: Investigation report (the fact of confinement of a suspect and report on his/her repeated crime and report on confirmation), and the application of statutes after inquiry;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The sentencing of Article 35 of the Criminal Act among repeated offenders is based on the following circumstances: (a) the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime; and (c) the conditions of various sentencing as shown in the argument of the instant case.

D. Unfavorable circumstances: The crime committed by the Defendant, who took a bath in a restaurant, and took a pedagoging the pedal, and inflicted an injury upon the victim who meets the pedal.