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(영문) 대구지방법원 김천지원 2016.05.04 2015고단1521
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 15, 2015, the Defendant 01:54 around 01:54, the Defendant saw the victim E (33 tax) who was drunk in front of the D's room in the Gumi-si, Sinsi, with the shoulder of the shoulder. The Defendant saw the victim’s face at one time due to drinking, and went beyond the victim’s face at one time due to drinking. On the other hand, the Defendant saw the victim’s side flick, which requires approximately 12 weeks of medical treatment, and led the victim to an acute cerebral thros, etc. in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Injury (1 and 4) committed on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act: The basic area (4 months to 1 year and 6 months) of Class 1 (the scope of recommendation) (the general injury) (the special mitigated person), the non-execution of punishment (including the serious effort to recover damage), the serious reflect (the special aggravated person)

2. Although the degree of injury suffered by the victim who has been sentenced to the sentence is relatively significant, the sentence shall be imposed in full view of all the sentencing conditions recorded in the records, such as the defendant's age, occupation, sex, environment, and the circumstances before and after the instant crime, etc.

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