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(영문) 대구지방법원 2018.09.21 2018고단3218
상해
Text

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

The defendant is between the victim B (V, 36 years of age) and the married couple.

On May 2, 2018, the Defendant was at the time when the head of the victim was pushed down and the head and face of the victim were taken up on the ground that the Defendant and the victim were in dispute with the care problem, and that the Defendant was in dispute with the care problem, around 07:00 on May 2, 2018.

As a result, the Defendant inflicted an injury on the victim, such as the sofamination of the sofa, which requires treatment for about 42 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes on diagnosis of an injury, or photographs of an injury;

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

1. The sentence of a suspended sentence under Article 62(1) of the Criminal Act is to be rendered against the defendant, taking into account the following factors: (a) the nature of the crime in this case is inferior; (b) the degree of injury is serious; (c) the defendant reflects his mistake; (d) the defendant has no record of the same kind of crime or any particular record of the crime; and (e) the fact that the defendant agreed with the victim is sentenced to a suspended sentence.

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