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(영문) 대구지방법원 2020.07.22 2020고단2017
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 March 21, 2020, at around 21:10, the Defendant, in front of the C cafeteria located in Daegu Northern-gu B, reported that his spouse is together with the victim D (57 years of age). However, the Defendant, by hand, carried the victim’s breath and pushed the breath and pushed the victim over the floor, and caused the victim’s head, thereby destroying the victim’s head, making up about 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. CCTV video CDs;

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

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

1. Article 62 (1) of the Criminal Act;

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

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [type 1] general injury [special person] - the element of mitigation (including serious efforts to recover damage) or considerable damage: In cases of severe injury (type 1 and 4), the method of severe injury (type 1 and 4), the method of harsh punishment [the scope of recommending and recommending punishment] increased area, six to two years and six months [the general person] of imprisonment [the reason for suspension of execution of sentence] - The major reason for suspension of execution of punishment (including serious efforts to recover damage) - If the result of serious injury occurs: The method of harsh punishment or death or serious injury: there is no criminal record exceeding the period of suspension of execution of sentence: serious reflectness; the reason for suspension of execution of sentence;

3. Determination of sentence: Six months of imprisonment with prison labor and two years of stay of execution (in the event that there is a special reason to commit the crime of injury in this case against the defendant, the violence in this case cannot be justified due to such circumstance, and the degree of violence in this case and the degree of injury are very heavy factors that are disadvantageous to the defendant: Provided, That it is considered that the victim does not want the punishment of the defendant, and that the defendant has no same power as the defendant

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