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Reasons
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(영문) 대구지방법원 김천지원 2018.07.25 2018고단522
상해
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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 April 13, 2018, at around 00:40, the Defendant, on the top of the “D main point” in the operation of the Victim C (Y, 49 years of age) in the Gumi-si B and the second floor, demanded a further drinking to the victim, but the Defendant refused to provide drinking to the suspect who her drinking but the victim refused to do so. In the middle of a dispute, the Defendant, by hand, carried out a 4-day dial support on the left-hand side of the victim, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes of a report on internal investigation (the first 112 declaration is not filed) and an injury diagnosis report attached thereto;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing under Article 62-2(1) of the Criminal Act for protection and observation of orders to provide community service and attend lectures [types] for the sentencing under Article 62-2(1) of the Criminal Act / [In the case of a person subject to special sentencing] mitigated elements of punishment: In the area of mitigation [the scope of recommendation] mitigated [the scope of recommendation] [the scope of recommendation] between February and one year [the general person subject to sentencing] / In the case of a person subject to suspended sentence of the same kind of punishment (less than ten years after the completion of the execution] - The major reasons for suspended sentence of the same kind of criminal offense (not more than five years after the completion of the execution of the sentence] - The main reasons for suspended sentence of the same kind of punishment (not more than five years, or not less than three times after the suspension of the execution of the sentence

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