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(영문) 대구지방법원 김천지원 2020.01.14 2019고단1477
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2019, at around 23:55, the Defendant heard that “C” restaurant in the Gumi-si B, and that “A7 mobile phones cannot be used” from the victim while drinking the victim D(n, 45 years of age) and alcohol, the Defendant galloned A7 mobile phones in the victim’s face, and dalloned the 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a medical certificate for injury and statement of a victim);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person for a punishment): Reduction element: Reduction area of punishment (the area of recommendation and recommendation range] reduction area, reduction area of punishment, two months to ten months of imprisonment;

3. In light of the content of the instant crime committed by the Defendant solely on the ground that the Defendant had expressed a desire to commit a crime, the liability for the crime is not somewhat weak in light of the content of the instant crime.

However, it is advantageous to the fact that the defendant fully acknowledges and reflects the crime, that there is no record of punishment exceeding the previous record or fine for the defendant, that the victim is also responsible for the occurrence of the case, that the defendant has paid the damage compensation to the victim, and that the defendant has agreed with the victim.

In addition to the above various circumstances, the sentencing guidelines and the defendant's age, character and conduct, occupation, criminal record, family relation, circumstances after the crime, and attitude after the crime are also determined as ordered by considering various sentencing conditions.

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