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(영문) 대전지방법원 2017.11.30 2017고단3379

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a resident living in a loan such as the victim C(23) and the victim D(58 years old).

On May 23, 2017, the Defendant: (a) around 16:45, the Seo-gu, Seo-gu, Daejeon: (b) told the victim C, who was smoking tobacco, that “I will not sing away, die”; (b) assaulted the face part twice by hand, snicking and snicking cane, etc.; (c) the victim D, who was the mother of the above C, flicked the Defendant on two occasions; (d) inflicted injury on the victims, such as cump, tensions, tensions, etc. requiring approximately two weeks of medical treatment, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. Each written diagnosis;

1. The 112 Report Processing table, each damaged photograph, investigation report (the submission of the victim C video) [the defendant and his defense counsel at the time of the instant case] (the defendant and his defense counsel had first met the defendant's fat and fat the defendant's fat at the time of the instant case, and the defendant committed the above victim's fat at one time against the victim's assault. However, the victim's fat at the time of the instant case, the victim's fat at the time of the Defendant's fat at the time of the Defendant's fat at the time of the Defendant's drinking, and the victim's fat at the time of the above victim's face was fatd or fatd with the fat at the victim's face. However, according to each of the above evidence, the defendant

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The following circumstances are the reasons for sentencing of Article 32 subparag. 1 subparag. 3 and Article 25 subparag. 3(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits by Rejection of Application for Compensation (the scope of liability for compensation is not clear) and others.