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(영문) 대구지방법원 2019.08.13 2019고단2697

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 12, 2019, at around 03:30 on May 12, 2019, the Defendant asked the victim D (here, 44 years of age) who had a relationship with the victim on the first floor of the Daegu Dong-gu, Seoul, about 14 years of age, “Is the right to fluor and fluort string,” to “Is the right to fluor and fluor, Is the victim’s left her body on the hand floor, with the victim’s body being 2 timesh, and the victim’s head her body was pushed off with 14 days’ head her body, and sustained the victim’s head her an injury, such as the other spathy, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal death (in respect of the injury report, the appendix of standing photographs, and the ratio of name of the crime);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has made efforts to recover damage], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, probation for two years following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

D. Unfavorable circumstances: Although the defendant committed a crime such as assault or bodily injury against the same victim in the past, it is not good that the same crime has been committed again.

A favorable condition: The victim expresses his intention not to want punishment.