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(영문) 대구지방법원 서부지원 2017.05.25 2016고단2665
상해
Text

A defendant shall be punished by imprisonment for one year.

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 March 26, 2016, the Defendant: (a) provided meals to the “F cafeteria” located in Daegu-gun E, Daegu-gun, on the ground that his children remain in the restaurant, and (b) provided meals in the said restaurant by the victim D (55 years of age) who provided meals to the said restaurant, “Influences over the victim’s face,” and boomed the victim’s head and shoulder, which is a dangerous object, and boomed the victim’s head and shoulder, and 21 days of treatment; (c) provided the victim’s head and shoulder; (d) provided the victim’s face, which requires treatment for a period of 21 days; and (e) provided the victim’s victim C (25 years of age), who is the victim of the said D, to report this and to the Defendant, provided the victim with his face to the victim, and walked the victim with his face of the victim, who is the victim of the said D, and walked the victim with his face of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. A protocol concerning the examination of each police suspect against D or C;

1. Each police statement made to G, H, I, and J;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes governing anti-competitive photographs;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

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

1. Grounds for sentencing under Article 32(1)3 and (2) and Article 25 subparag. 3 (the scope of Defendant’s liability for compensation is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

1. Sentencing criteria;

(a) Class 1 Crimes (the scope of recommended punishment) and No. 1 Crimes (the general injury) are the basic area (from April to one year and six months) (the person who has no special sentencing factor);

(b) No. 2 Crimes [Scope of Recommendation] General Injury (General Bodily Injury) and the basic area (No. 1 to 1 year and 6 months) [the final sentencing sentencing person] of multiple increased crimes, for which there are no special sentencing person: April - February 2.

2. The degree of injury suffered by the victims due to the assault by the defendant in the decision of sentence.

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