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(영문) 대구지방법원 서부지원 2015.06.18 2014고단1857
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 4, 2014, at around 23:40, the Defendant, at the C cafeteria located in Seogugu, Daegu-gu, brought an injury to the victim for about 42 days, who had a dispute with the victim D (the 48 years old) who was a part of society and drinking alcohol, and had a part of the victim's left eye on a drinking house, and had a part of the victim's eye in need of treatment for about 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant or D;

1. Investigation report (attaching photographs of the body part of the victim);

1. Application of Acts and subordinate statutes (Evidence No. 47 pages);

1. Relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act on the selection of punishment, the reason for sentencing of sentence [the scope of recommendation]: General injury category 1 (General Injury) and the aggravation area (6-2 years): serious injury (1-4 years): Defendant, without any special reason, has suffered a relatively heavy injury to the victim and has not made efforts to recover damage up to the present day, it is deemed that strict punishment against Defendant is necessary.

However, under favorable circumstances, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc., shall be determined in line with the order, considering the confession of the crime and the depth of the defendant, and the fact that the defendant has no record of punishment exceeding the fine.

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