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(영문) 대구지방법원 2017.05.18 2016고단3633

상해등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had appraised the victim D (V, 42 years of age) who worked as an employee at a restaurant operated by his/her friendship C with his/her own family members.

1. On May 18, 2016, at the “F” restaurant operated by the Daegu Northern-gu E on May 18, 2016, the Defendant: (a) caused the injury to the victim by her hand on the ground that the victim’s playing is unfolded; (b) caused the victim’s scambied with his/her chest; (c) her breast by walking the victim’s breast, her scam from the floor; and (d) caused the victim’s injury on the part of the 7 weeks (the left-hand side) a scambling end with the victim.

2. On May 18, 2016, Defendant 1 shared with the above C, and, at around 03:40 on May 18, 2016, Defendant 1 took a bath with the victim in front of the “H singing shop located under the G of Daegu Northern-gu, Daegu-gu,” and the above C, while paying for a trial, she was skeing the victim’s head, head, and clothes with his/her hand, she was skeing the victim’s head, head, and clothes with his/her hand, and the Defendant assaulted the victim by putting the victim’s head, with his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and I;

1. D's standing photographs, diagnosis reports, and each investigation report (No. 8,10 on evidence list);

1. Application of the CDA-1 statute

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Selection of Criminal Act (the point of injury), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with labor;

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 grounds of sentencing under Article 62(1) of the Suspension of Execution provides that the victim is fully responsible for the occurrence of a crime or the expansion of damage even to the victim in the area of mitigation (two months to one year) of Category 1 (General Bodily Injury) of the Act on the Punishment of Violences, etc. [the scope of recommending punishment] [the crime of assault in violation of the Punishment of Violences, etc. Act (joint assault)] [the scope of recommending punishment].