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(영문) 대구지방법원 2017.04.20 2017고단380
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 September 26, 2016, around 00:10, the Defendant listened to the horses that “the victim C(30 tax) and the victim was suffering from noise due to noise between floors,” and that “the victim was suffering from the noise due to the noise due to the noise due to the noise due to the view of the noise due to the noise due to the noise due to the noise due to the noise due to the noise due to the noise due to the noise due to the victim, and caused damage to the victim’s b1-day cry that requires treatment.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Each police statement made to D or E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of inflicting bodily injury on a victim;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense. Article 257 (1) of the said Act (Selection of Punishment of Imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommended punishment] General Injury (the scope of recommended punishment] (4 months to one year and six months) in the basic area (the person subject to special sentencing] [the person subject to special sentencing] [the decision of sentence] - An unfavorable circumstance: although the defendant deposited part of the money for the victim, he did not receive the money from the injured party, and the defendant was assaulted against the injured party by her bridge and her order.

It does not appear that the defendant did not have an attitude against the crime, such as assertion, and there was a history of punishment as a fine by the same kind of crime; favorable circumstances: the defendant listens to and shows that some of the victims suffered noise, and thus some of the circumstances may be taken into account in the course of the crime; the defendant does not have any record of having been sentenced to imprisonment or heavier punishment by the same kind of crime - Other factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, etc. - The punishment shall be determined as per the order, taking into account the various factors of sentencing specified in the arguments of this case

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