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(영문) 대구지방법원 2017.09.28 2017고단1035
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2016, around 00:10, the Defendant: (a) tried to drive by proxy the Victim C (67) who is an acting driver in front of the Dong-gu, Daegu-gu, Daegu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu.

As a result, the defendant suffered injury to the victim, which is about four weeks of treatment, to the right-free knee.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of injuries;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury to the basic area (from April to June) (no person subject to special sentencing];

2. In light of the aforementioned evidence, even though the fact that the Defendant committed the instant crime was sufficiently recognized, the Defendant does not seem to have any attitude of reflection, such as avoiding the commission of the instant crime. In addition, even though the Defendant had the same criminal record, the Defendant was prevented from committing the instant crime. In addition, the circumstances favorable to the Defendant who was unable to take advantage of from the damaged person is not a serious element of the degree of violence and the degree of injury inflicted on the Defendant. There is a mother to support the Defendant. There is no history of punishment exceeding a fine. Taking into account all other circumstances, such as the Defendant’s age and occupation, occupation, sex and environment, relationship with the victim, motive, background, means and consequence of the instant crime, and the circumstances after the crime, etc.

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