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(영문) 대구지방법원 경주지원 2017.05.17 2016고단413
상해
Text

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

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

Reasons

Punishment of the crime

At around 12:00 on March 17, 2016, the Defendant 287, in the Korean Won 12:00 on the 17th, the Korean Federation of the NAF 287 National Federation, in dialogueed with the victim E (44 o) who was sitting in the back seat on the vehicle of the Defendant’s driving, the Defendant misunderstanding the Defendant as “A” the Defendant’s defect with “A”, and changed the body with the back seat, walked the Defendant’s chest on one occasion, walking the victim’s chest at the back seat, walking the victim’s chest at one time, walking the victim’s head on two occasions with the rear seat, walking the victim’s bridge one time from the passenger’s bridge from the passenger car to the victim’s face by drinking the victim’s face, and then opening the victim’s face to the right side, such as a neveal pathy, an injury to the right side of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaints, medical expenses payment confirmation/written request for medical treatment, diagnosis certificate, medical certificate for injury, and photographs of the upper part;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of the sentencing guidelines] general injury (the scope of the recommended sentence], the basic area (from April to one year and six months) (the person who is specially mitigated or aggravated) of the basic area (the person who is not subject to special mitigation or increase]/the serious injury (the types of 1 and 4);

2. The degree of exercise of tangible power inflicted on the victim by the defendant who was sentenced to the sentence is relatively more severe, and due to this, the victim's symptoms of hearing aids (which need to wear hearing aids) have occurred permanently.

The defendant has several criminal records of violence.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant is led to confession and reflect, the fact that the defendant agreed smoothly with the victim, the fact that there is no record of exceeding the fine, and all other factors of sentencing as shown in the trial of this case.

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