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(영문) 대구지방법원 의성지원 2017.05.11 2017고단75
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 17, 2017, around 19:35, the Defendant sent the victim D (51) who is the same prisoner to stop in the ward located in the Gyeongbuk-do, Northbuk-do, the road in which the inventive step of the Cheongbuk-gun, Gyeongbuk-gun, the Gyeongbuk-do, was located, and the Defendant paid the victim D (51) who is the same prisoner to stop.

While having been in dispute with the victim, the victim assaulted the victim with his/her right eye and face part of the defendant's drinking, boomed the victim with his/her fingers, and boomed the victim's face part of the victim with his/her fingers, and boomed the victim's face part of the victim with his/her fingers, etc., and inflicted an injury on the victim, such as the mouth of the inner wall, the mouth of the inner wall, and the breath of the rain.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with D or E;

1. Application of Acts and subordinate statutes to damaged photographs, medical records of prisoners, and medical certificates;

1. The grounds for sentencing (the scope of recommending punishment) of Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act regarding criminal facts are [the scope of recommending punishment] and Article 257(1) of the Selection of Punishment Act [the scope of recommending punishment] [the person who has been specially mitigated] in the mitigation area (two months to one year] [the decision of sentencing] of imprisonment in April], the crime of this case was committed by the defendant by assaulting and injuring a prisoner, and the nature of the crime is not good in light of the degree of injury. The defendant committed the crime of this case before committing the crime of this case, he was sentenced to a fine by causing the injury to a prisoner in the prison and was punished by the fine in consideration of the fact that the defendant had a record of having committed the same kind of crime

However, there are circumstances that could be taken into account the background of the crime, that the defendant paid 2 million won of medical expenses for the victim, that the victim does not want the punishment, and that the defendant's age, sex, environment, and motive for the crime, in addition, the defendant's age, sex, environment, and motive for the crime.

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