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(영문) 대구지방법원 2013.11.14 2013고단5136
상해
Text

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 July 25, 2013, the Defendant: (a) around 21:20 on July 25, 2013, on the ground that the victim C (the age of 44) demanded the Defendant to move D SM5 car parked at the entrance of the B-building parking lot to another place; (b) on the ground that the Defendant demanded the Defendant to move the victim’s left-hand hand, and (c) caused the victim to cut off the 2nd balance of the 1st, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, there are favorable circumstances for the defendant, such as the fact that there is a serious injury to the victim due to the crime of this case committed by the defendant for the reason of sentencing under Article 62(1) of the Suspension of Execution, and that the defendant repents and reflects the error of the defendant, the defendant commits the crime of this case by contingency under drinking, the victim does not want the punishment of the defendant, the victim does not have the same kind of power, and there is no record of criminal punishment exceeding the fine, etc. As such, all the above circumstances are considered to be favorable to the defendant, such as the motive, circumstance, means and method of the crime of this case, circumstances before and after the crime, and the age, character, experience

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