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(영문) 대구지방법원 2017.08.31 2016고단6533
상해
Text

A defendant shall be punished by imprisonment for six 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 November 11, 2016, at around 18:40, the Defendant: (a) 18:40, the victim E (39) who was an employee of the said restaurant in Daegu-gu, and was able to receive a fluorous voice of the Defendant, the victim’s face one time by hand, on the ground that the Defendant is bad, and the Defendant e (39) was fluorous; (b) the victim, who escaped within the parking lot, continued to take part in drinking and shot of the victim; (c) the victim, who was slick of the victim, fludddd by the victim, had the slick of the victim, leading the victim to the treatment for six weeks; and (d) caused the victim’s injury to the victim, such as the victim’s slurb that requires treatment for six weeks.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Each legal statement of the witness E (part), F and G (part);

1. Each protocol of police statements made to F and E;

1. A report on internal investigation (attaching photographs attached to the suspect's upper part), investigation report (attaching photographs attached toCCTV), investigation report (a suspect E medical certificate attached);

1. Application of CCTV image CD-related Acts and subordinate statutes;

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. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury to the basic area (from April to June) (no person subject to special sentencing];

2. Circumstances unfavorable to the determination of sentence: The defendant inflicted an injury on the victim at the minor end of the trial, and the degree of such injury is significant. Nevertheless, the circumstances favorable to the defendant that have not been making any effort to recover damage, such as agreement with the victim: The defendant is led to confession and reflect in lieu of the crime. The victim seems to have much responsibility for the occurrence or expansion of damage, such as continuing fighting in the form of training with the defendant. The defendant is the first offender who has no criminal history, and the defendant is the victim.

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