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(영문) 대구지방법원 2016.01.29 2015고단5572
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 28, 2015, around 18:20 on October 28, 2015, the Defendant met the victim E (57 tax) in front of the D cafeteria located in Yongcheon-si C, and, “I would like to pay a fine as soon as I would have not agreed upon by the party, I would like to say, “I would like to pay a fine as I would like to pay a fine as I would like to the victim.” On the other hand, the Defendant inflicted an injury on the victim, who was in need of medical treatment for about 28 days on the part of the victim, by drinking alcohol.”

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against E;

1. Application of the respective Acts and subordinate statutes to the investigation report (a photograph of the upper part of the body), the investigation report (Attachment of a medical certificate), the investigation report (Attachment of a damaged photograph), the investigation report (to hear the statements of the victim), or the hearing report of the victim;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Act on the Suspension of Execution] [the scope of applicable sentences under the law] one month or seven years of imprisonment [the general person subject to sentencing]] - Where the elements for punishment are not punishable (including efforts to recover damage) or considerable damage is recovered, [the scope of recommended sentences] two months or one year of mitigation [the scope of suspended sentence] - The main reasons for mitigation [the scope of suspended sentence] - There are no positive sources of punishment (including efforts to recover damage) - there are no criminal records of suspended sentence above positive and contingent crimes [the decision of sentence] that there is no criminal records of suspended sentence of sentence above the victim, but the defendant did not have been sentenced more severe punishment than the victim, and the defendant did not have any other conditions favorable to the defendant, the defendant's age and condition of punishment after the commission of the crime, etc.

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