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(영문) 대구지방법원 김천지원 2013.05.30 2013고단378
상해
Text

A defendant shall be punished by imprisonment for six 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

피고인은 2012. 12. 20. 15:00경 구미시 B에 있는 피해자 C (57세)의 주거지에서, 피해자가 과거에 자신에게 욕을 한 것이 기분이 나쁘다는 이유로 화가 나, 발로 피해자를 수회 걷어 찼다.

In the end, the Defendant suffered injuries, such as cage cage cages, which require six weeks of medical treatment to the victim in the event of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the second and third examinations);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 247 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] - General injury [Specially Influence of Punishment] - Reduction element of punishment [Scope of Recommendation]: Reduction sphere of punishment [whether or not a sentence of punishment is suspended] - Major illegal reference reason: Criminal records of the same kind (not more than five years, not less than three times): Non-permanent reference reason: General improper reference reason: At least two times: Criminal records of the suspension of execution and not less than two times: contingent reference reasons for general pride: Imprisonment [decision of punishment] 6 months, 2 years of the suspension of execution, community service (40 hours) with the Act on the Punishment of Injury and Violences, etc.; the defendant has a history of having been punished by a fine twice or more times; the degree of injury suffered by the victim; the defendant does not want the punishment by mutual consent with the victim; and the above suspension of execution has been somewhat long before the suspension of execution of execution of sentence has been ordered as stated in the above judgment;

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