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(영문) 대구지방법원 포항지원 2020.07.21 2020고단604
상해
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:55 on April 20, 2020, the Defendant found the victim D (son, 51 years of age) who was on duty at a street set before the port south Police Station C police box located in Nam-gu, Nam-gu, Mapo-gu, Spoon, and she saw her “fining funeral” as “finite,” and the victim her fined her “fining her so that he would be her so that he and this her her her her her her her her her her her her her her her her her her her her face.” The Defendant sustained the victim by continuing to her her her her her her her her her her her her face with his her her her her her her face, and

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

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

1. The application of Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has been sentenced to punishment], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

3. Determination of sentence: (a) considering the fact that there were several occasions of punishment, including the details and methods of the crime committed in the judgment of sentence; and (b) two times of suspended sentence for violent crimes before the instant case, the sentence shall be suspended on condition that probation is added only once, taking into account all the circumstances, including the fact that the Defendant’s mistake is against the victim; (c) the Defendant’s agreement was reached smoothly with the victim; (d) contingent crimes; and (e) the degree of injury is relatively heavy.

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