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(영문) 대구지방법원 안동지원 2017.04.14 2016고단903
상해
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On November 20, 2016, the Defendant: (a) 01:40 on the day-to-day B studal rooftop, and (b) on the part of the victim C (Y, 22 years of age) on this studio, “I am in the house of male-child (Defendant) at the time of his home, I am in the house and am in the house at the time of his home,” and (c) on the part of the victim, I am in fling her head about two weeks of the victim’s head, and am in the hands, I am in the right hand and son’s hand in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes on investigation reports and accompanying materials;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation and taking of protection and the order of community service;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Violence, general injury, and type 1 (general injury);

(b) Determination of the recommended territory: Basic territory;

(c) Scope of recommendations: Imprisonment with prison labor for a period of four months to one year and six months;

2. Determination of sentence of this case is not appropriate in light of the background and method of the crime.

On several occasions, the defendant has committed the crime of this case even though there are many criminal records including the same kind of violence.

The defendant was unable to receive a letter from the injured party.

This is an unfavorable circumstance to the defendant.

The Defendant confessions all of the crimes of this case and reflects them.

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

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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