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(영문) 대구지방법원 2018.10.19 2018고합282
중상해
Text

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

Reasons

Punishment of the crime

On June 16, 2018, at around 18:24, the Defendant: (a) performed the internal construction of the Victim D (47 aged)’s house; and (b) the Defendant was in dispute with each other as a compensation issue; (c) the Defendant, with his left hand, went against the victim’s neck by taking the victim’s neck on a one-time hand; (d) had the victim lose his consciousness, display his awareness; and (e) had the victim go beyond the floor when the victim’s tolerance play on a one-time basis; and (e) caused danger to his life by making the victim’s scam play beyond the floor by taking approximately 12 weeks of treatment, such as the closure of the bones, bones, bones, face, etc. of the bones and bones, which require treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to report the occurrence and arrest of the victim (the injury of violence), to report internal death (the attachment of CCTV data, to treat the victim D's serious patient rooms and to verify their health conditions, to capture CCTV image data, and to attach photographs thereto), and to report an investigation (to listen to the opinion of the doctor in charge of the F Hospital surgery, and to confirm the current status of the victim);

1. Article 258 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of applicable sentences under law: Six months to five years; and

2. Where the victim is fully responsible for the occurrence of a crime or the expansion of damage to a victim of the type 2 (Specially mitigated Persons) (the scope of the recommended punishment) of the recommended punishment according to the sentencing guidelines (the type of determination) and the scope of the recommended punishment according to the sentencing guidelines: Six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for 10 months, the Defendant, while disputing a defect in the construction works executed by the Defendant, sold a part of the victim's inside to drink several times and caused the occurrence of uncertainty of the victim.

As a result, the victim has been under brain surgery due to the impossibility of consciousness and consciousness.

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