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(영문) 대구지방법원 포항지원 2014.03.13 2014고단80
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 03:45 on June 27, 2013, the Defendant, at the main point of “E” located in Northern-gu, Northern-si, Ma, without any specific reason, brought the face from the victim to drinking with the victim F(33 years of age). On the one hand, the Defendant, at the price of the victim’s right eye due to drinking, brought about approximately four weeks of treatment to the victim, and put the victim into the opening of the right eye and the right eye.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to F;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 257 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. The range of recommendations on the sentencing guidelines [decision of types] the group of violent crimes, general bodily injury, type 1 (General Bodily Injury): In the event that victims are fully responsible for the occurrence of crimes or the expansion of damage, the non-exclusive area of punishment [the recommended area and the recommended type] mitigated area, the period from two months to one year [the special adjustment within the scope of sentencing] sentenced to one month from one year from one year (the minimum of the recommended sentence shall be mitigated to 1/2 as special mitigation exists).

3. Sentence: Imprisonment with prison labor for April 17, 2012; the defendant was sentenced to 10 months of imprisonment and 2 years of suspension of execution for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Daegu District Court Port Branch on August 17, 2012; the judgment became final and conclusive on December 28, 2012, and thus, again commits the instant crime, despite the fact that the victim committed the instant crime, first of all, the victim was at the prices of the defendant's cocons, but the victim was able to reach a compromise with each other, and accordingly, the victim entered the phone number of the defendant's cell phone. Accordingly, the defendant prices the snow part of the victim's cell phone by using the above difference, and thereby, the defendant inflicted injury, such as the inside and the mouth that requires four weeks medical treatment, and the defendant inflicted injury on the victim.

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