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(영문) 대구지방법원 김천지원 2020.01.21 2019고단1289
상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

At around 06:20 on September 28, 2019, the Defendant: (a) thought that the victim D(the age of 27) will cross-concept the Defendant’s living together; (b) thought that the victim D will cross-concept the Defendant’s face; and (c) left the victim’s face once due to his hand, and continued to knee the victim’s face kne with his hand, and then suffered injury, such as the softening of the inner wall and the inner wall that require the victim’s treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written self-written statement, investigation report (referring to a victim's statement and diagnosis report on the details of damage, etc.), and medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person for a punishment): Reduction element: Reduction area of punishment (the area of recommendation and recommendation range] reduction area, reduction area of punishment, two months to ten months of imprisonment;

3. The contents of the instant assault, the sentence of which is determined, are not very good;

The degree of injury suffered by the victim is not easy.

Defendant was subject to juvenile protective disposition or criminal punishment several times for the same violent crime.

However, the defendant recognized all of the crimes and reflected, and agreed with the victim.

In addition to the aforementioned various circumstances, the sentencing guidelines and the defendant's age, character and conduct, occupation, criminal record, family relation, background of the crime, relationship between the defendant and the victim, attitude after the crime, etc. are also determined as ordered.

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