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(영문) 대구지방법원 2019.10.24 2019고단3929
상해등
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 became final and conclusive.

Reasons

Punishment of the crime

1. On May 31, 2019, at around 21:15, the Defendant: (a) requested the victim D (the age of 65) who was drinking alcohol in other tables at the “C” restaurant located in the Gyeongbuk-gun B of Gyeongbuk-gun, but was refused to sit in company with the victim’s left side.

As a result, the defendant suffered an injury on the left side of the victim, which requires approximately two weeks of treatment.

2. The Defendant, with the date and time set forth in paragraph 1, carried out in a place other than the kitchen (40cm in total, 8cm in knife, 32cm in total), carried knife into a restaurant and knife as knife the knife and knife as knife the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. As to the report on internal accidents (as to the statement of the shote)

1. A report on internal investigation (field photographs, etc.);

1. Application of Acts and subordinate statutes to report on investigation (Attachment of a medical certificate of a victim D);

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Articles 284 and 283 (1) of the Criminal Act (the point of threat to carry dangerous articles) of the Criminal Act and the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Scope of recommending sentencing guidelines based on the reasons for sentencing under Article 62 (1) of the Criminal Act;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and repeated crime, special intimidation (Special Intimidation) (Special Intimidation): In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of recommendation and recommendation), the area of mitigation of punishment is subject to mitigation (the scope of recommendation and recommendation), two months to one year;

(b) No. 2 (Influence of Bodily Injury) (the Determination of Bodily Injury). General Influence [Type 1] General Influence (Special Influence) mitigated element: Influence of minor injury (type 1, 4), influence of punishment (including serious efforts for recovery of damage), or influence of considerable partial damage.

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