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(영문) 대구지방법원 포항지원 2016.08.25 2016고단841

상해

Text

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

Reasons

Punishment of the crime

The defendant is able to live together with the victim B for about five years, and the victim C (23 years) is her child of the victim B (W, 51 years of age).

On March 21, 2016, at around 17:10, the Defendant argued with the victims who were requested to repay borrowed money from the victim B and the victim C at the port north-gu D and 312 Dong 305, which is the Defendant’s residence. The Defendant spited the victim’s face, spited the victim’s face with drinking, spits the victim’s face with drinking, boomed the victim’s assault from the victim C, and was frighted to the victim B. In other words, when the victim C was assaulted by the victim C, the victim’s face part was frighted by drinking, and again, when the victim C was frighted by about 10 weeks of drinking, the victim’s bat part was frighted with approximately 3 weeks of treatment, and caused damage to the victim C, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Part C and B of the suspect interrogation protocol against the defendant

1. Application of Acts and subordinate statutes to each investigation report (to attach on the spot and photographs of damaged parts; to attach a diagnosis report of injury to suspects);

1. Article 257 (1) of the Criminal Act, the choice of punishment for a crime, and the choice of punishment for a crime;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of punishment for concurrent crimes against Victim B, which is heavier than the punishment for concurrent crimes] [the scope of punishment for recommendation] general injury [the scope of punishment] does not fall under the basic area (one year and six months of imprisonment from April to one year) [the person subject to special sentencing] [the decision of sentencing] recognized a defendant as substitute for an offense, and reflects the defendant's mistake, and the defendant also suffers from an injury that is not somewhat unfavorable to the victim in the course of the instant crime.

However, this case is the same as in the grace period after being sentenced to a suspended sentence for the purpose of assaulting the victim B living together with the injury.