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(영문) 대구지방법원 안동지원 2014.10.10 2014고단569
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:00 on June 5, 2014, the Defendant expressed that, under the influence of alcohol, the victim C (the 76-year old) who dumped in the street in front of the B apartment at Andong-si, without any reason, he was able to “the cump gue” to “the cump fe,” and had the victim’s face knife with the victim’s left knife knife two times with the victim’s face knife at one hand, and knife two knife with the body of the victim and knife two knife with the body of the victim, the Defendant sustained the victim’s face and knife with the two knife and knife with the body of the victim in need of approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to photographs of the injured part of the victim), investigation report (Attachment to a medical certificate for an injury);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] general injury (the scope of recommending punishment] and the basic area (4 to 1 year and 6 months) of the first category (the general injury) [the decision of sentencing] [the decision of sentence] Defendant, despite the past record of the same kind of crime, has a non-discriminatory injury to the aged victim, and the victim wants to punish the defendant. Thus, the defendant's responsibility for the crime cannot be considered to be somewhat less.

However, in consideration of all the conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant shows the attitude of recognizing and reflecting his mistake, and that there is no criminal record exceeding the fine, etc., the punishment was determined and the suspended execution was selected.

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