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(영문) 대구지방법원 2018.05.25 2017고단6548
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 26, 2017, at around 20:20, the Defendant: (a) carried the building materials accumulated by the Defendant on the alley-gu Nam-gu, Daegu-gu, Daegu-gu, with respect to the alley road; (b) carried the bridges of the victim by cutting down the bridges of the victim, and then, (c) carried the victim’s chests over the fele floor, and (d) carried the victim’s chests over the fele-do floor, and (e) carried the victim’s injury, such as cutting the upper half of the left-hand bel in need of approximately 6 weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Reports on internal investigation (to attach photographs of the body of the suspect D) and damaged photographs;

1. An injury diagnosis certificate (D);

1. Application of Acts and subordinate statutes to photographs of injuries;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Code of the Suspension of Execution [Judgment as to the assertion of the defendant and his defense counsel] The defendant asserts that the injury or injury recorded in the above crime constitutes a legitimate defense as a defense against the victim's violence.

However, in full view of the background leading up to the dispute known by the evidence duly adopted and examined by this court, the victim’s superior position and degree, the age and physical strength of the defendant and the victim, etc., it cannot be deemed that the defendant’s act of injury constitutes an act aimed at defending the unfair infringement against himself/herself, and that there is a considerable reason.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

Since there are many criminal records of the same kind of injury to the defendant for the reason of sentencing, violence seems to be considerable, the degree of injury inflicted by the defendant to the victim is not easy, and it is disadvantageous that the defendant does not recover the damage to the victim.

However, it is favorable that the defendant has agreed with the victim, and that the defendant has no criminal record exceeding the fine.

Other provisions of Article 51 of the Criminal Act, such as the age, sex, etc. of the defendant.

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