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(영문) 대구지방법원 2018.01.25 2017고단5182
상해
Text

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

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 June 20, 2017, at around 02:30, the Defendant argued with E, a customer of the said main point, under the influence of alcohol on the road prior to the said main point, which was under the influence of alcohol on the roads located in the Daegu Suwon-gu, Daegu-gu, Daegu-gu, where he received a sanction from the victim F (the age of 45). In doing so to the victim, the Defendant saw the victim’s breath, followed the victim’s breath, and dump, e.g., the Defendant dumped the victim, and dumped the victim by taking a part of the part of the victim’s flab, which was in need of approximately 6 weeks of treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (Investigation of CCTVs at D main points), and screen screen of CCTV-cape;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. In cases where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of the recommended punishment] is the basic area (the period from April to one year and six months) (the period from January to one year), the punishment is not imposed (including the amount of special mitigation), or considerable damage is recovered from damage (including the amount of serious effort to recover damage), or serious injury (the type of 1 and 4);

2. Circumstances unfavorable to the determination of the sentence: The nature of the crime is imminent if the defendant inflicts an injury upon the victim who was at the time of a fighting under the influence of alcohol, and the degree of injury is heavy. Circumstances favorable to the defendant several times that the same criminal records are identical to that of the defendant: The defendant recognizes and reflects the crime. The victim does not want the punishment of the defendant by mutual consent with the victim. There is no history of punishment exceeding the fine against the defendant. Taking into account all other circumstances, such as the defendant's age, occupation, sex and environment, motive and background of the crime, means and consequence of the crime, and circumstances that are conditions for sentencing, such as the following circumstances

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