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(영문) 대구지방법원 2021.01.07 2020고단5518

상해

Text

A defendant shall be punished by imprisonment for six 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

At around 22:50 on September 3, 2020, the Defendant parked the Defendant’s vehicle via a substitute engineer in front of the victim C (the South, 57 years of age), and the victim D (the 58 years of age)’s “E” restaurant operated by the Defendant, and was in demand of the victims to move the vehicle, and the victim C’s face, head, etc. was taken by drinking the victim C’s face, head, etc., and the victim D’s head, etc. was seriously pushed the victim’s body part, and the victim’s head, knifeed the victim’s head, knife it by hand.

As a result, the Defendant inflicted injury on the victim C on the victim C, such as impairment of the save of face requiring approximately two weeks of treatment, and on the victim D’s salt, tensions, etc. requiring approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared in D andC;

1. Each report on investigation;

1. Photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 257(1) of the Criminal Act in relation to the relevant criminal facts, Article 257 of the choice of punishment, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act in which the punishment for concurrent crimes subject to punishment is aggravated;

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Infliction of Determination) [Type 1] There is no general injury [Type 1] and there is no person who is subject to special sentencing] (the territory of recommendation and the scope of punishment], the basic field of crime (the scope of recommendation and recommendation], April through January 1.

B. No. 2 Crimes (Inflicting Decision) [No. 1] General Injury [No. 1] General Bodi (Special Sentencing) (Scope of Recommendation and Recommendation], Basic Field of Crimes (Scope of Recommendation and Recommendation), April - January 1.6.

(c) Scope of punishment recommended according to the standards for handling multiple crimes: April to two years (the maximum of crimes No. 2).

3. Determination of sentence: The injury was inflicted upon victims at the time of the occurrence of the injury.

There is a record of punishment for the same kind of crime, such as damage of property and injury.

The favorable circumstances: The crime is recognized.

The parties agreed with victims.

The age, sex, environment of the defendant, and others.