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(영문) 대구지방법원 포항지원 2016.11.10 2016고단1174
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 18:10 on August 1, 2016, the Defendant found the victim C (Y, 45 years of age) who was a middle school Dong-dong 302, Dong Dong-dong 302, Nam-gu, Nam-gu, Dong-dong D Building D (A) and caused the victim not to get a telephone, and caused the victim's neck to her hand, and her head knife the victim's face and body her head knife it over the floor, and her head knife the victim's body.

계속하여 피고인은 피해자가 신고하기 위해 복도로 도망 나가는 것을 보고 뒤따라가 집 안으로 들어가지 않으려고 계단 봉에 매달려 있는 피해자 머리와 몸 부위를 발로 여러 번 걷어차는 등 폭행하여 약 2주간 치료가 필요한 경추 염좌와 긴장, 얼굴 으깸 손상(좌측), 요추 염좌와 긴장, 어깨와 위팔 타박상(좌측), 어깨와 위팔 부위 표재성 정맥손상, 외상성 파열(좌측), 대퇴 타박상(좌측)을 입혔다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (as to the attachment of photographs on the part of the victim; as to the attachment of a written diagnosis of the injury of the victim; as to the attachment of photographs on the part of the victim); the application of statutes;

1. Relevant laws concerning criminal facts, Article 257 (1) of the Criminal Act that choose a penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on probation and community service order [the range of recommendation] general injury [the range of punishment] is mitigated (two months of imprisonment or one year of imprisonment] [the person subject to special mitigation], the person subject to punishment is not subject to punishment (including serious efforts to recover damage), or considerable damage is recovered (the decision of sentence] unfavorable circumstances: (a) the defendant gets away from a female victim and has inflicted an injury by non-discrimination; (b) the defendant has several records of punishment, including one time of sentence due to violent crime; (c) one time of suspended sentence; and (d) the defendant has several times of past records of punishment, including one time of suspended sentence; and (e) other circumstances that are favorable to multiple criminal records, such as suspended sentence, have reached an agreement with the victim; and (e) the defendant is against

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