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(영문) 대구지방법원 2017.02.02 2016고단5902
폭행치상
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 6, 2016, around 17:25, the Defendant found the Defendant in order to comply with the lower-level dispute between the neighboring victim D (the age of 69) and the neighboring victim D (the age of 69) at the Defendant’s residence located in Yongcheon-si around 17:25 on October 6, 2016, and carried out a bath without complying with the Defendant’s demand to change from the house, and caused the victim to go beyond the Defendant’s back, thereby causing injury to the victim by making the victim go back 12 weeks of diagnosis.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to each investigation report (explosion confirmation and submission of suspect D diagnosis report);

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of criminal facts (or choice of imprisonment);

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence shall be determined as the sentence, taking into account the favorable circumstances such as the Defendant’s confession of the instant crime, and all other factors such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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