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(영문) 대구지방법원 2016.06.21 2016고단1711
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 29, 2016, at the entrance of the “C” restaurant located in Daegu Suwon-gu B around 09:00, the Defendant smoked from the victim D, and as the Defendant was asked from the victim D to d, why he could avoid smoking.

“In drinking, the victim’s face was taken twice, and the victim’s face was taken one time by hand, and the head was sleeped. The victim’s face part, who was the child of D, who was found to be his/her place, was sleeped at the victim’s face.

As a result, the Defendant inflicted injury on the victim D in an open room, etc. which requires treatment for about 20 days, and inflicted injury on the victim E, such as salt, tensions, and crym straws, which require treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of Acts and subordinate statutes of each injury diagnosis certificate (D, E);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended punishment according to the sentencing guidelines - The range of the recommended punishment - the range of the offenses [the scope of the recommended punishment] - the range of the mitigated punishment (two months to one year) in the mitigated area (the person subject to special mitigation) - the range of the offenses - the mitigated area (two months to one year) in the mitigated area (the scope of the recommended punishment) of the mitigated area (two months to one year) in the general injury (the scope of the recommended punishment] / the final sentenced scope of the aggravated punishment due to the aggravation of the number of non-permanent penal offenders: two months to one year and six months;

2. Consideration - Consideration - Consideration - Consideration - Non-confluence - Unfavorable circumstances: 20 times more reasonable and 30 times more than the total criminal records, which are punished for the same kind of crime during the period of suspension of execution, and which take into account all other factors of sentencing specified in the records of the instant case, including the Defendant’s age, sex, state of health, home environment, motive, means, consequence, and circumstances after the commission of the crime.

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