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(영문) 대구지방법원 2017.04.25 2017고단216
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 October 7, 2016, the Defendant: (a) at a “D” restaurant parking lot operated by the victim C (44 tax) located in the Daegu Singu, Singu; (b) on the parking ground, the Defendant: (c) reported that the Defendant’s daily conduct and the injured person were to dispute as a trial expense; and (d) reported that the victim was “scambing.” (e.g., once the victim’s left eye on a drinking-site; and (d) caused the victim’s injury on the part of the police officer dispatched upon receipt of the report one time, by taking the victim’s hand at the seat of the police officer having been dispatched, with the victim’s her bombed, with the victim’s scamb

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Social Service Criminal Act / [Sentencing Criteria] / [Scope of Recommendation] General / [Scope of Recommendation] In the area of aggravation (6 months to 2 years) of Type 1 (general injury) (6 months to 1 to 2 years) [Special Aggravation] / [Pronouncement Decision ] In the case where a victim suffered serious injury, such as almnasation and almnasation in need of treatment for not less than eight weeks, and did not yet agree with the victim.

However, there is no criminal record exceeding a fine, the victim's failure to reach an agreement due to the failure to communicate, such as the fact that the crime is recognized, the victim has committed the crime, and the victim has no criminal record in the process of covering the defendant's bath while taking the defendant's bath, etc., and the victim has closed the restaurant and suspended his mobile phone attachment, etc. The victim is determined as ordered in consideration of all the sentencing conditions under Article 51 of the Criminal Act, such as the age of the defendant, sexual conduct, motive, means and consequence of the crime, and the circumstances before and after the crime of this case.

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