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(영문) 대구지방법원 2018.06.28 2018고단1620
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

The defendant is between the victim B (n, 43 years of age) and the past relationship.

On March 8, 2018, at around 01:58, the Defendant found the victim B’s “D” restaurant working in Daegu Suwon-gu C, and found the victim’s talk, but the victim refused it, and the victim rejected it, and the victim’s refusal to do so, “the victim must die................” The Defendant assaulted the victim by her hand, her hand, her face, her head, her head, her head, her head, her head, and leading the victim out of the restaurant, thereby impairing the victim’s face, making it possible for the victim to take care of about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Investigative report- On any change in the name of a crime (attached to a written diagnosis of injury);

1. Investigation Report - Application of the Acts and subordinate statutes that attach CCTV images to closed circuits;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. As to the Defendant’s assertion under Article 62(1) of the Act on the Suspension of Execution, the Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The grounds for sentencing [the scope of recommended sentences] General Injury (the scope of recommended sentences) shall be determined in full view of the following circumstances under the sentence sentence in the basic area (from April to January), and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- the nature of the offence;

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