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(영문) 대구지방법원 영덕지원 2016.05.12 2016고합9

상관상해

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while serving as sick C in the 122 Bridge group 122 of the Army, was on September 28, 2015 at the E cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do on September 28, 2015, performed alcoholic beverages together with the Victim G (21 tax) who is a staff member of the elementary class 2 education unit of the Army Noncommissioned Officers at the Army at the 50 Boak-gun, the Defendant: (a) was on the part of the Defendant; (b) “Isong-si, Haak-gu, the lower court was close to the D

The phrase "" refers to the victim, while making a conflict with the victim, was brought out of the restaurant, and the victim was taken twice the face of the victim was knee and kneee in five times the face of the victim was knee in drinking at the parking lot of the Gangseo-gu Council in the vicinity of the restaurant.

In the end, the Defendant, his superior, was suffering from the sofabs that require approximately four weeks of treatment.

Summary of Evidence

The reason for sentencing under Article 52(1) of the Criminal Act for sentencing under Article 52-2(2) of the Act on the Mitigation of Small Quantity under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 62(1)3 of the Criminal Act concerning the criminal defendant’s legal statement of the defendant, a written diagnosis of the police’s statement concerning the defendant, G of each police interrogation protocol against H, a copy of a certificate of discharge from active service, and an investigation report (victim and witness’s statement) on the criminal facts covered by the relevant law is not that the criminal act of this case was committed by the defendant against the victim, who is his superior, for about four weeks of medical treatment.

The defendant did not reach an agreement with the victim.

However, while the defendant was assaulted by the victim, there are extenuating circumstances in light of the circumstance that the defendant committed the crime in this case.

The Defendant recognized the instant crime, and so far, is the first offender who has no record of punishment.

In addition, the defendant made efforts to recover the damage of the victim by depositing KRW 2 million for the victim.

In addition to these circumstances, punishment shall be determined by taking into account the various circumstances, such as the defendant's age, sex, family environment, motive, background, means and consequence of the crime, and the circumstances after the crime.