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(영문) 대구지방법원 서부지원 2019.07.23 2018고단2508
상해등
Text

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

except that 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

On August 14, 2018, at the construction site located in Daegu-gun B around 06:00, the Defendant: (a) obstructed the victim by hand while the victim D and Si expenses were being carried out; and (b) caused the victim to fall into approximately two meters of depth; (c) caused the victim to suffer injury, such as salt, tension, etc., of the trend requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of investigation reports (CCTV image verification) and CCTV video-related Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though there are many criminal records related to violence, repeating the instant crime, and taking account of the risk of the instant crime, there is a need to strictly punish the Defendant.

Meanwhile, in full view of the following: (a) the Defendant’s perception of his mistake and the Defendant did not repeat the crime; (b) the agreement with the victim; and (c) the degree of damage; (d) details of the crime; (e) the degree of the crime; (e) circumstances after the crime; (e) the criminal records;

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