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(영문) 대구지방법원 안동지원 2019.03.08 2018고단719
상해
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. On May 18, 2018, Defendant A suffered injury, such as the number of days of treatment knenenee per knee, etc., by having the victim go beyond the victim’s knife with the victim’s knife in front of the “D convenience store” located in Ansan-si, Andong-si, A, with the victim’s knife (30 years of age) and knife.

2. While Defendant B had a victim A (the age of 30) and a vagabonds at the above date and time, Defendant B left the victim’s head, who was in a dangerous object, and was in the victim’s head, and was in an influence of the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph of the injured A), report on internal investigation (Attachment of a field photograph), and report on internal investigation (A damaged photograph);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 257(1) of the Criminal Act; the choice of imprisonment

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Reasons for sentencing under Article 62(1) of the Criminal Act

1. Sentencing criteria;

(a) Defendant A (a person subject to special mitigation) is not subject to punishment in the mitigated area (two months to ten months) of category 1 (general injury) of general injury (a person subject to recommendation)

B. Defendant B [Extent of Recommendation] The mitigated area (4-1 years from April to one year) of the mitigated area of the special injury (a special mitigation area) No. 1 (a special injury)

2. Defendant A has a record of serving a sentence of imprisonment with prison labor for the same kind of crime.

In the light of the method of crime using a proxy stone, the degree of injury of the victim A, etc., the quality of the crime of the defendant B is not particularly good.

However, the Defendants are showing the attitude of recognizing and opposing their mistakes.

Defendants do not want to punish each other by mutual consent.

Defendant

There is no same kind of violence against B.

In addition, the defendants' age, character, character and behavior.

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