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(영문) 대구지방법원 안동지원 2017.07.21 2017고단180
상해
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On October 21, 2016, the Defendant: (a) around 22:20 permanent residence B, around 21, 2016, on the street of the main week C, and (b) caused the cab to the victim D (the 42 years old), who is the owner of the said main week, and (c) caused the victim to suffer the cab; (d) the Defendant refused the cab by changing the cab cost; (e) the Defendant, on his own hand, rejected the cab, led the victim to take the head of the knife of the knife, taken the knife of the knife, taken the knife of the knife, taken the knife of the knife, knife the head of the knife on the knife; and (e) took two times the head part of the knife the victim’s head on the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to damaged photographs and diagnostic instruments;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Violence, general injury, and type 1 (general injury);

(b) Special sentencing factors: Insignificant injuries (reduction elements).

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of recommendations: Imprisonment with labor for a period of two months to one year.

2. As to the instant crime in which the sentence of sentence was determined, the nature of the instant crime is not minor in light of its background, method, etc.

Although the Defendant had been subject to a fine twice due to the same violent crime, he committed the instant crime. This is an unfavorable circumstance to the Defendant.

The Defendant confessions all of the crimes of this case and reflects them.

The degree of injury is relatively minor.

There is no past record that the defendant is punished as a sentence beyond the suspension of the execution of imprisonment.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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