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(영문) 대구지방법원 2018.05.17 2017고단7073
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On July 7, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for an injury in the Western Branch of the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on November 20, 2016.

[2] On September 26, 2017, the Defendant: (a) on the street in front of D, located in Daegu-gu, Daegu-gu, on September 26, 2017; (b) on the ground that the victim E (48 aged) who is a part of society calls to his wife and calls to her wife for “singinging and singing in the same way as the Defendant played; and (c) during a dispute with the victim, the Defendant was able to see the victim’s face with his hand by destroying the flab, and making him look into the flab; and (d) he was able to take the victim’s face by drinking.

Since then, while the Defendant attempted to give a brue to a death and a victim in his place, the Defendant was able to do so from the victim who was in charge of the brue on the floor after being brupted, “Ie the flue, flue, brush, fluen,

After hearing the word "dys of money", the victim's face and body size that can be taken out by the Tuesa, and the victim's face by hand and drinking were inflicted on the victim, resulting in approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A report on internal investigation (Attachment to a medical certificate E- of the suspected person);

1. CCTV video CDs;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (a suspect's confirmation of the same kind of force);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. In the event that the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is subject to the aggravated area (six months to two years), the aggravated area (special mitigation (including serious efforts for recovery of damage), the penalty not for damage (including the aggravated amount), or considerable damage has been recovered, the serious injury (one and four types), and the same repeated crime of the same kind;

2. The Defendant, who was sentenced, did not know even during the period of repeated crime of the same kind, and also committed the instant crime.

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