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(영문) 대구지방법원 2016.03.25 2016고단368

폭력행위등처벌에관한법률위반(공동상해)

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 became final and conclusive.

Reasons

Punishment of the crime

On December 1, 2015, around 10:10, the Defendant, in front of the “D” restaurant located in Daegu-gu, Daegu-gu, where the Defendant and the Defendant E and the Victim F (37 years of age) were in fluencing with each other, were in conflict with each other. The Defendant, with her hand, she sphered the victim’s face and sphered the victim’s face, and she sphered the victim’s face by drinking. On the other hand, the Defendant inflicted an injury on the victim, such as brain sphere, which requires treatment for about 21 days.

Accordingly, the defendant, together with E, injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the interrogation of suspect by the police against the defendant, F, or E;

1. Each description of the diagnosis report on injury, the details of 112 declarations, the report on internal investigation ( listening to the statement of a shot person), and the report on investigation ( listening to the statement by a shot person telephone);

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (wholly amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (wholly amended by Act No. 13718, Jan. 6, 2016);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] - One month or more of imprisonment with prison labor or ten years or more of imprisonment with prison labor / [the person subject to special sentencing] - Where the element of mitigation is not subject to punishment (including serious efforts to recover damage) or considerable part of damage has been restored [the scope of recommendation] / the area subject to mitigation [the scope of recommendation ] 2 months or 1 years from 2 months to 2 or more [the person subject to general sentencing - whether the person subject to suspended sentence] - The main reason for suspended sentence - The main reason for suspended sentence is whether the person subject to positive punishment (including serious efforts to recover damage) - there are no positive criminal records above the period of suspended sentence / [the decision on the suspended sentence] ] The defendant committed the crime in this case even if he had been punished for the same kind of crime several times, and thus, he committed the crime in this case more severe than the previous one.