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(영문) 대구지방법원 2018.03.08 2017고단4982
상해
Text

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

Reasons

Punishment of the crime

On October 31, 2016, the Defendant, instead of a violent organization, was assaulted by the victim G G (34 tax) while drinking alcohol with E, F, etc. from two main points of D in Daegu Dong-gu, Daegu-gu, and 1st floor around October 31, 2016, and was blicked by the victim when drinking alcohol with the victim, E, F, etc., at several times, and he was flicked by the victim, and then was flicked by the victim.

As a result, the Defendant inflicted an injury on the victim's blood relative in which the number of days of treatment can not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with H;

1. A written statement prepared in the I;

1. An investigation report (Analysis of CCTV images);

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

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

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 decision of sentence: The defendant has a number of criminal records of multiple violence;

In addition, even after the judgment of the first trial suspended the execution of the crime in this case, the Defendant committed the crime in this case on several occasions, and even after being sentenced to a fine on several occasions after the judgment of the first trial in this case, and the Defendant committed the crime in this case. Although the degree of injury is not less than that of the victim, circumstances favorable for the Defendant to not be agreed with the victim: (a) is recognized and against the Defendant; (b) the victim is somewhat responsible for the occurrence of the crime, such as finding E and causing damage to the victim; and (c) the degree of injury is not a significant letter, taking into account all the circumstances, such as the Defendant’s age, occupation, sex and sex, environment, family relationship, relationship with the victim, motive and circumstance of the crime, means and result, and the circumstances after the crime, etc.

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