(영문) 대구지방법원 2015.04.17 2014고단6738

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.04.17 2014고단6738

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 15, 2014, the Defendant: (a) around 18:10 on December 15, 2014, on the ground that the victim C (n, 36 years of age) and the victim in telephone calls unilaterally cut off the phone and ignores the Defendant; (b) sought the E office located in Daegu-gu D, Daegu-gu, and (c) took care of the victim’s head debt and face in hand within the office, and (d) took care of the victim for about four weeks, the Defendant was able to take care of the victim’s head debt for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A criminal investigation report (faging offCCTV image data and attaching CDs);

1. Application of Acts and subordinate statutes to a criminal investigation report (a medical certificate and a photograph taken on the upper part of the body);

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disability due to mental illness at the time of the crime in this case. Thus, according to the evidence, even though the fact that the defendant suffered from mental disease is recognized, it cannot be seen that the defendant's mental disease at the time of the crime in this case did not change things or lacks the ability to make decisions. Thus, the above assertion is rejected.

Reasons for sentencing

1. Injury (1 and 4) serious in the aggravated area (6-2 years) (6-years) in accordance with the aggravated area (6-years), which is a general injury to the range of recommended sentences according to the sentencing criteria; and

2. Although the defendant's decision of sentence is against the victim after recognizing his mistake, the crime of this case is committed by assaulting the victim without any special reason, and the victim seems to suffer from mental disease due to this case.

Compensation for damage has not been made, and the victim has repeatedly sought to punish the defendant.

In addition, considering all sentencing data that are shown in the records, the text is the same.

참조조문

-형법 제257조 제1항

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